| Terms of Service |
The following are the terms and conditions ("Terms of Service") for use of Localdial.Com's email service and other services which may be offered from time to time by Localdial.Com for use with your account (collectively and individually referred to as the "Service"). The Terms of Service may be updated from time to time by Localdial.Com without notice to you. You can review the most current version of the Terms of Service at any time at the home page for the Service. In addition, a particular Service may also be subject to guidelines or rules posted by Localdial.Com, which are incorporated by reference into the Terms of Service. Other services provided to you by Localdial.Com or any of its affiliates will not be subject to these Terms of Service unless expressly incorporated into the agreement governing those services.
BY COMPLETING THE REGISTRATION PROCESS, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF SERVICE. THIS SERVICE IS OFFERED TO YOU CONDITIONED UPON YOUR AGREEMENT TO THE UNMODIFIED TERMS OF SERVICE.
This Service may only be used by individuals who are at least 18 years old or minors who have parental permission to use the Service and to agree to the Terms of Service. It is the legal guardian's responsibility to determine whether the Service is appropriate for children. Use of Localdial.Com's network resources in any manner that impairs or disrupts network performance is prohibited.
1. DESCRIPTION OF SERVICE.
To open an account, you must complete the registration process by providing accurate and current information. You are responsible for maintaining the confidentiality of your password and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify Localdial.Com of any unauthorized use of your password or account or any other breach of security. Localdial.Com reserves the right to suspend or terminate your account and to discontinue the Service at any time. Localdial.Com has no obligation to retain the Content of any email or user session. Please be aware that Content may not be recoverable if lost or destroyed. You agree that Localdial.Com has no liability or responsibility for the deletion, loss, or failure to store any Content. Localdial.Com shall have no obligation to provide support to you for the Service.
2. PRIVACY.
Localdial.Com respects the privacy of its members. Localdial.Com will not monitor or disclose the contents of private email communications, or disclose other identifiable information about you or your private communications, unless it is authorized by law. For a complete statement of Localdial.Com's privacy policy for this Service, please see Localdial.Com's Privacy Policy.
3. MEMBER CONDUCT.
You are responsible for the content and activities that occur under your password or account. You agree that you will not use the Service for chain letters, junk mail, "spamming" or commercial purposes or for any purpose that violates the terms of the Standards of Conduct, which may be found in the SPAM Policy and is incorporated herein. You will not place or transmit any information or materials unless you are legally entitled to do so without violating the rights of others, including any intellectual property rights. The Service is provided to individuals solely for personal and non-commercial use. Any commercial use of the Service or the resale of its services is expressly prohibited. The email addresses of subscribers are not for sale or commercial distribution by third parties without the prior express consent of the subscriber. You agree not to misrepresent your identity or impersonate others using the Services. You agree not to use another site's mail service to relay mail without the prior express permission of the site. Sometimes non-members of the Service will attempt to relay large numbers of bulk email through our servers. You agree that we may discard such relay email that is addressed to you as the sending of relay email is an unauthorized use of our Service.
5. SOFTWARE AND SUPPORT.
Any software that is made available to download from the Service is the copyrighted work of Localdial.Com or other third parties. Your use of the software is subject to the terms of the end user license agreement which accompanies or is included with the software as well as these Terms of Service. If any software is not accompanied by an end user license agreement, then your rights to use the Software is limited to viewing and use solely with this Service.
6. TERMINATION OF ACCOUNT.
Localdial.Com reserves the right to terminate your account and/or your access to the Service at any time with or without cause and without notice.
7. DISCLAIMERS & LIMITATION OF LIABILITY.
Localdial.Com does not represent or warrant that the Service will be uninterrupted or error-free or that defects will be corrected. Materials and information provided on this on this Service is provided "as is" and "as available" with all faults and without warranty of any kind, expressed or implied, including those of merchantability and fitness for a particular purpose, or arising from a course of dealing, usage or trade practice. Localdial.Com makes no warranties or representations regarding the accuracy or completeness of the information. Any information about competitive products is not to be used or distributed where prohibited by law.
LOCALDIAL.COM AND ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LOCALDIAL.COM AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL LOCALDIAL.COM OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, WITH THE DELAY OR INABILITY TO USE THIS SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.
Indemnification.
You agree to indemnify and hold Localdial.Com, its subsidiaries, affiliates, officers, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Service, the violation of the Terms of Service by you, the infringement by you of any intellectual property or other right of any person or entity.
CHOICE OF LAW.
This agreement is governed by the laws of the island of Jersey, Channel Islands, You hereby consent to the exclusive jurisdiction and venue of the courts in Jersey, Channel Islands, in all disputes arising out of or relating to the use of this Service. Use of this Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation, this paragraph. 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. This Agreement comprises the entire agreement between you and Localdial.Com with respect to this Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Localdial.Com with respect to this Service. Localdial.Com's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Localdial.Com in writing. Any rights not expressly granted herein are reserved.
TRADEMARKS.
Localdial and other names of Interactive Online Limited products or services referenced herein are trademarks or registered trademarks of Interactive Online Limited. All third party trademarks are the property of their respective owners.
TRANSMISSIONS PROHIBITED BY LAW.
You agree not to transmit any information through the Service that infringes another person's or entity's intellectual property rights, including but not limited to copyright, trademark, trade secret, right of privacy or publicity, and patent.
You agree not to transmit, using the service, any defamatory, obscene, pornographic or otherwise illegal or objectionable information. Transmission of such information includes but is not limited to transmission of information that would violate local, national, and international law or give rise to civil or criminal liability.
Copyright 2002 Localdial.Com. All rights reserved.
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