NAVYWEB.ORG E-MAIL USER SERVICE AGREEMENT
("NavyWeb.org" as used herein includes ArmyWeb.org, AirForceWeb.org and MarCor.net as one and the same for agreement purposes as well as wholely owned top level domains that provide the basis for topical email relay addresses and POP accounts provided at a nominal fee.)
Welcome to the NAVYWEB.ORG e-mail service: limited free electronic mail REDIRECT service for uniformed and civilian Government personnel and their immediate families --- a permanent, personal e-mail account (address, e.g., "TopGun@AirForceWeb.org") that will not change and will automatically forward your private e-mail to your current work e-mail address (if your workplace so permits) or to your home e-mail address as you move around the world or if you change your local e-mail service or internet service provider.
For those wanting an email address with a personal flavor or a POP account: NAVYWEB.ORG also provides, at a minimal cost, topical domain name addresses with email relay or full POP account e-mail service. With a POP account, you will be able to download your e-mail from anywhere in the world using your browser (e.g., Netscape®, Microsoft Explorer®, Opera®...) email clients or by using a mailer program such as Eudora®, Claris Emailer®, Pegasus®, etc.
The following are the terms and conditions for use of the NAVYWEB.ORG e-mail service. Please read them carefully. This service is provided to Governemnt military and civilian personnel who are at least 18 years old or minors who have parental permission to open and maintain a NAVYWEB.ORG account. BY SENDING YOUR PAYMENT AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR A NAVYWEB.ORG ACCOUNT AND THAT YOU AGREE TO THE ACCEPTABLE USE POLICY AGREEMENT AND TO ALL OF THE TERMS AND CONDITIONS (T&Cs) OF THE NAVYWEB.ORG SERVICE AGREEMENT:
1. MEMBER ACCOUNT, PASSWORD, AND SECURITY. To open a NAVYWEB.ORG account, you must complete the registration process by sending your payment, by post (snail mail), to NAVYWEB.ORG: see ACCOUNT NAME SELECTION PROCESS and COSTS, paragraph 14, and PAYMENT, paragraph 15, below). You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account.
2. MEMBER PRIVACY. It is NAVYWEB.ORG policy to respect the privacy of its members. NAVYWEB.ORG will not monitor, edit, or disclose any personal information about you or your NAVYWEB.ORG account, including its contents, without your prior permission unless NAVYWEB.ORG has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of NAVYWEB.ORG; (3) enforce these T&Cs; or (4) act to protect the rights/interests of its members or others. You agree that NAVYWEB.ORG may access your account, including its contents, as stated above or to respond to service requests or technical issues.
3. E-MAIL STORAGE, OUTBOUND MESSAGES AND OTHER LIMITATIONS. The amount of storage space per member POP account is currently limited to 10 MB, and some messages may not be processed due to space constraints or outbound message limitations. Note: We place no limit on size of attachments other than the 10 MB total for each account. You agree that NAVYWEB.ORG is not responsible or liable for the deletion or failure to store e-mail messages.
4. MEMBER CONDUCT.
The NAVYWEB.ORG service is provided to individuals
only. Any unauthorized commercial use of the NAVYWEB.ORG
service, or the resale of its services, is expressly prohibited. It is understood
that you abide by all applicable local, state, national and international laws
and regulations and you agree are solely responsible for all acts that occur
under your account or password, including the content of your transmissions
under the NAVYWEB.ORG service. By way of example,
and not as a limitation, you agree NOT to:
A. Use NAVYWEB.ORG service
in connection with chain letters, junk e-mail, spamming or any duplicative or
unsolicited messages (commercial or otherwise);
B. Gather or otherwise collect information about
others, including e-mail addresses, without their consent;
C. Create a false identity or forged e-mail address
or header, or otherwise attempt to mislead NAVYWEB.ORG
as to the identity of the account holder;
D. Transmit under your account unlawful, harassing,
libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable
material of any kind or nature;
E. Transmit any material that may infringe the
intellectual property rights or other rights of third parties, including trademark,
copyright or right of publicity;
F. Transmit any material that contains viruses,
trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious
programs;
G. Violate any U.S. law regarding the transmission
of technical data or software exported from the United States under your account;
H. Interfere with or disrupt networks connected
to NAVYWEB.ORG or violate the regulations, policies
or procedures of such networks;
I. Attempt to gain unauthorized access to NAVYWEB.ORG, other accounts, computer systems or networks
connected to NAVYWEB.ORG, through password mining
or any other means; or
J. Interfere with another person's use and enjoyment
of NAVYWEB.ORG or use and enjoyment of similar services.
5. DISCLAIMER OF WARRANTIES. NAVYWEB.ORG provides electronic mail service, including information and links to content from third parties. NAVYWEB.ORG does not control in any respect any information, products or services offered by these third parties. The materials available through NAVYWEB.ORG and any third party are provided "as is" and "as available" and without warranties or conditions of any kind either express or implied. To the fullest extent permitted by applicable law, NAVYWEB.ORG expressly disclaims all warranties and conditions, express or implied, including, but not limited to, implied warranties and/or conditions of sales, mercantile quality, correspondence to description and fitness for a particular purpose. NAVYWEB.ORG does not represent or warrant that the Service materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available, are free of viruses or other harmful components. NAVYWEB.ORG does not warrant or represent that the use or the results of the use of the materials available through NAVYWEB.ORG or from third parties will be correct, accurate, timely, reliable or otherwise.
6. LIMITATION OF LIABILITY. To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall NAVYWEB.ORG be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use NAVYWEB.ORG, any changes to NAVYWEB.ORG service, unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through NAVYWEB.ORG. You specifically agree that NAVYWEB.ORG is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. If you are dissatisfied with NAVYWEB.ORG, or with any of NAVYWEB.ORG's T&Cs, your sole and exclusive remedy is to discontinue using NAVYWEB.ORG. LIMITATION OR EXCLUSION OF WARRANTIES CONDITIONS, AND/OR LIABILITY FOR SOME TYPES OF DAMAGES MAY NOT BE PERMITTED IN SOME JURISDICTIONS, IN WHICH CASE SOME OR ALL OF SECTIONS 5 AND 6 HEREIN MAY NOT APPLY TO YOU. IF PERMITTED BY LAW, NAVYWEB.ORG's LIABILITY IS LIMITED TO RESUPPLYING NAVYWEB.ORG SERVICE NOT TO EXCEED THE PERIOD OF TIME AT ISSUE OR, AT ITS DISCRETION, REFUNDING A PRORATA SHARE THE SERVICE FEE.
7. INDEMNIFICATION. You agree to indemnify and hold NAVYWEB.ORG, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct under a NAVYWEB.ORG account.
8. TERMINATION. NAVYWEB.ORG may terminate its service with or without cause at any time and effective immediately. In addition, NAVYWEB.ORG, at its sole discretion, may terminate your account for violation of the letter or spirit of the T&Cs. If you wish to terminate your account, your only recourse is to discontinue use of the account. In addition, NAVYWEB.ORG may terminate your account for inactivity, which is defined as failing to log into NAVYWEB.ORG for an extended period of time, as determined by NAVYWEB.ORG. The amount of time that NAVYWEB.ORG currently views as an "extended" period of time is 30 days. Upon termination of the NAVYWEB.ORG service, your right to use NAVYWEB.ORG immediately ceases. NAVYWEB.ORG shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party.
9. NO SPAM - DAMAGES. NAVYWEB.ORG will immediately terminate any account which it believes, at its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk e-mail. Cascading or pyramid e-mail which prompts a person to send or forward an e-mail to several people for gain, promotional purposes or some esoteric reason is considered by NAVYWEB.ORG to be a form of spam. In addition, because damages are often difficult to quantify, you agree to pay NAVYWEB.ORG liquidated damages of $5.00 for each piece of spam or unsolicited bulk e-mail transmitted under or otherwise connected with your NAVYWEB.ORG account, or NAVYWEB.ORG's actual damages, whichever is greater.
10. PARTICIPATION IN PROMOTIONS OF ADVERTISERS. Any dealings on the internet with any other service providers or any advertisers, or participation in any promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, accessed by you via NAVYWEB.ORG e-mail service are solely between you and the service, advertiser or other third party. You agree that NAVYWEB.ORG shall not be responsible or liable for any part of any such dealings or promotions.
11. PROPRIETARY RIGHTS TO CONTENT. You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either advertisements or e-mail distributed, commercially produced information presented to you by any third parties in e-mails via the NAVYWEB.ORG service, may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws and you will treat the material appropriately and hold NAVYWEB.ORG blameless.
12. MODIFICATIONS TO TERMS OF SERVICE, OR RELATED POLICIES. NAVYWEB.ORG reserves the right to change the T&Cs or policies regarding the use of the NAVYWEB.ORG service at any time and to notify you by posting an updated version of the T&Cs on the NAVYWEB.ORG site.
13. LAWS. The T&Cs shall be governed by and construed in accordance with the laws of the state of California and the United States of America, excluding their conflict of law provisions. You and NAVYWEB.ORG agree to submit to the exclusive jurisdiction of the courts located in the county of San Diego in the state of California. If any provision(s) of the T&Cs is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. NAVYWEB.ORG's failure to exercise or enforce any right or provision of the T&Cs shall not constitute a waiver of such right or provision unless acknowledged and agreed to by NAVYWEB.ORG in writing. You and NAVYWEB.ORG agree that any cause of action arising out of or related to the NAVYWEB.ORG service must commence within sixty (60) days after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in this T&Cs are solely used for the convenience of the parties and have no legal or contractual significance.
14. ACCOUNT NAME
SELECTION PROCESS AND COSTS. Send an e-mail to the appropriate Postmaster@(domain.org).
If the address name is available the Postmaster will reply and ask for your
desired password. If the address name you want is not available, the Postmaster
may suggest alternate names. Upon confirmation, your account will be set up.
A. The banks and e-service companies charge a
bunch; a personal check drawn on a US bank account, a bank draft, a US postal
money order or a travelor's check is the preferred form of payment in order
to keep our cost as low as possible --- it is also very secure from an electronic/internet
hacking-n-cracking standpoint. See the Privacy statement. An alternative
is payment by PayPal (a secure credit card payment service).
B. For Free Email Redirect using AirForceWeb.org,
ArmyWeb.org or NavyWeb.org there is no charge.
C. For Topical domain e-mail Redirect there is
no set-up charge; just a fee of $5.00 (US) per year.
D. For a POP Account the cost is a $10.00 one-time
non-refundable set-up fee, plus $10.00 per year. This includes 10 MB e-mail
storage space; additional e-mail storage is available at $2.00/MB/year. At this
time there is no charge for the amount of data transfer/month (rate) or frequency
of access.
E. You will be billed via e-mail at least thirty
days prior to your annual account up-date. Any account that is 21 days or more
past due will become inaccessible and the unique e-mail address/name will become
available for reassignment.
F. You are responsible for the payment of any
service or penalty fees from your bank associated with a check that is returned
for lack of funds or credit. In addition there is a $40.00 charge to cover the
returned-check-fees at the NAVYWEB.ORG bank.
15. Click here for payment information.