Terms & Conditions
The following are the terms and conditions for use of the GeneticMail service (referred to as the "Service"). Please read them carefully. This Service is provided to individuals who are at least 18 years old or minors who have parental permission to open and maintain an account. BY CLICKING THE "I agree" LINK AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("TOS"). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
1. MEMBER ACCOUNT, PASSWORD, AND SECURITY
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.
You agree to notify GeneticMail immediately of any unauthorized use of your account or any other breach of security.
2. MEMBER PRIVACY
It is GeneticMail's policy to respect the privacy of its members. GeneticMail will not monitor, edit, or disclose any personal information about you or your use of the Service, including its contents, without your prior permission unless GeneticMail 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 GeneticMail; (3) enforce the TOS; or (4) act to protect the interests of its members or others. GeneticMail may provide certain user information in aggregate form to third parties for demographics. In addition, your Internet Protocol address is transmitted with each message sent from your account.
Some personal information you provide to GeneticMail may be stored outside of the country in which you reside.
You agree that GeneticMail may access your account, including its contents, as stated above or to respond to service or technical issues.
3. MESSAGE STORAGE, OUTBOUND MESSAGES AND OTHER LIMITATIONS
The amount of email storage space per member may be limited (see the Help link in GeneticMail for details). Some email messages may not be processed due to space constraints or outbound message limitations. You agree that GeneticMail is not responsible or liable for the deletion or failure to store messages or other information.
4. MEMBER CONDUCT
As a condition of your use of the Service, you warrant to GeneticMail that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
Paying users of the Service are authorised to use the Service for business-related communications, but may not resell the Service or use it in ways not permitted by other clauses of this document, including but not limited to use in connection with Unsolicated Commercial Email, multi-level marketing schemes, or illegal activies.
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree not to:
Use the Service in connection with surveys, contests, pyramid schemes, multi-level marketing schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information. Harvest or otherwise collect information about others, including email addresses, without their consent. Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a Service member any directory of the Service members or other user or usage information or any portion thereof other than in the context of your use of the Service as permitted under the TOS. Knowingly transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs. Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents. Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks. Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means. Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States through the service. Interfere with another member's use and enjoyment of the Service or another individual's or entity's use and enjoyment of similar services.
GeneticMail has no obligation to monitor the Service or any user's use thereof or retain the content of any user session. However, GeneticMail reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
5. LINKS TO THIRD PARTY SITES
THE LINKS INCLUDED WITHIN THE SERVICE MAY LET YOU LEAVE THE SERVICE WEB SITES ("LINKED SITES"). THE LINKED SITES ARE NOT UNDER THE CONTROL OF GeneticMail AND GeneticMail IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. GeneticMail IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. GeneticMail IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY GeneticMail OF THE SITE OR ANY ASSOCIATION WITH THEIR OPERATORS.
6. DISCLAIMERS/LIMITATION OF LIABILITY
The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. GeneticMail and/or its respective suppliers may make improvements and/or changes in the Service at any time.
GeneticMail does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components. GeneticMail does not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable.
You specifically agree that GeneticMail shall not be responsible for 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 the Service. You specifically agree that GeneticMail 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. You specifically agree that GeneticMail is not responsible for any content sent using and/or included in the Service by any third party.
GeneticMail reserves the right to assign its rights and responsibilities under this agreement to any 3rd party.
GeneticMail AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. GeneticMail AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
You agree to indemnify and hold GeneticMail, 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 on the Service.
GeneticMail may terminate your access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever.
GeneticMail may also terminate or suspend your account for inactivity, which is defined as failing to sign-in to the Service for an extended period of time, as determined by GeneticMail. The amount of time that GeneticMail currently considers as an "extended" period of time may be viewed from the Help link. Upon termination of the Service, your right to use the Service immediately ceases.
GeneticMail 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
GeneticMail will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay GeneticMail liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay GeneticMail's actual damages, to the extent such actual damages can be reasonably calculated.
10. 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 sponsor advertisements or electronically distributed, commercially produced information presented to you by the Service, by GeneticMail, or GeneticMail's Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service and its associated Web sites, including code and software.
11. MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES
GeneticMail reserves the right to change the TOS or policies regarding the use of the Service at any time and to notify you by posting an updated version of the TOS on this Web site. You are responsible for regularly reviewing the TOS. Continued use of the Service after any such changes shall constitute your consent to such changes.
This agreement is governed by the laws of the State of California, and the United States of America, without regard to the conflict or choice of law rules thereof. The courts sitting in the State of California, USA shall have exclusive jurisdiction over any dispute arising hereunder. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and GeneticMail as a result of this agreement or use of the Service. GeneticMail's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of GeneticMail's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by GeneticMail with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and GeneticMail with respect to the Service (excluding the use of any software which may be subject to an end-user license agreement) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and GeneticMail with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and GeneticMail agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.
It is the express will of the parties that this agreement and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.
COPYRIGHT AND TRADEMARK NOTICES: All contents of the Service are: Copyright © 2002 GeneticMail LLC. and/or its suppliers, c/o GeneticMail LLC, PO Box 2004, Berkeley, California, USA, 94710. All rights reserved.
Any rights not expressly granted herein are reserved.