YankeeUP currently provides users with the email service
YankeeUP Mail pursuant to the terms set forth below (the "ToS"). YankeeUP
may change the ToS at any time, with or without prior notification.
1. REGISTRATION DATA
You agree to provide YankeeUP with complete and accurate registration
information as prompted and to update this information as required to keep
it current. You agree to remain solely responsible for all such information
including your choice of username, should it be considered an infringement
on the copyright and/or trademark rights of any company, organization or
individual.
2. SUBSCRIBER CONDUCT
You are solely responsible for the content you transmit through YankeeUP
Mail Manager, and acknowledge that it acts as a passive conduit for the
transmission of your data.
You warrant that you will not:
| a) |
send unsolicited email directed to people not
personally known to you, including but not limited to junk mail, chain
letters, or other unsolicited bulk email, commercial or otherwise; |
| b) |
transmit content that is unlawful, harmful, abusive,
threatening, defamatory, invasive, vulgar, obscene, or that contains
viruses or other similar harmful programming; |
| c) |
impersonate any person or entity, including, but not
limited to, a YankeeUP official, representative, or host, or falsely
state or otherwise misrepresent your affiliation with a person or
entity; |
| d) |
engage in attempts of fraud or forgery, including, but
not limited to, the use of fraudulent credit cards or other falsified
means of payment, forging message headers, or manipulating identifiers
in order to alter or disguise the origin of any transmitted content; |
| e) |
interfere with or disrupt YankeeUP Mail or
servers or networks connected to it; |
| f) |
infringe on any third party's intellectual property
rights or proprietary rights, or rights of publicity or privacy. |
You will obey any requirements, procedures, policies or regulations of
YankeeUP Mail or connected services, and observe and comply with any usage
restriction set forth by administrators on this or appurtenant web sites,
forums, or channels, with regards to content, storage space, traffic,
bandwidth, and other conditions.
3. PRIVACY
Account information, registration data and certain other information about
you is subject to our Privacy Policy.
4. RULES RELATING TO MINORS
If you are under the age of 13 you may not subscribe to YankeeUP Mail
unless you obtain your parent's consent.
5. PERSONAL USE
Your right to use YankeeUP Mail is personal to you. You agree not to resell
YankeeUP Mail. Please guard your account password, as you are liable for all
uses of your account, including any unauthorized use.
6. INDEMNIFICATION
You will indemnify and hold harmless YankeeUP, their employees, directors,
officers, agents, and their successors and assigns from any damages and
expenses relating to the use of your account.
7. DISCLAIMER OF WARRANTIES
You use YankeeUP Mail at your sole risk. YankeeUP Mail is provided on
an "as is" and "as available" basis. YankeeUP expressly disclaim all
warranties of any kind, whether express or implied, including, but not
limited to, the implied warranties of merchantability, fitness for a
particular purpose, and non-infringement. YankeeUP does not make any
warranty that YankeeUP Mail will meet your requirements, or the
services will be uninterrupted, timely, secure, or error-free; nor does
YankeeUP make any warranty that the results that you may obtain through
YankeeUP Mail meet your needs or that they will correct any software
defects.YankeeUP does not make any warranty regarding any goods or services
purchased or obtained, or any transactions entered into through YankeeUP
Mail. Any material and/or data you download or otherwise obtain through
YankeeUP Mail comes at your own discretion and risk. You will be solely
responsible for any damage to your computer systems or loss of data. No
advice or information, whether oral or written, which you obtain from
YankeeUP Mail will create any warranty.
8. LIMITATION OF LIABILITY
Unless prohibited by law, YankeeUP will not be liable for any indirect,
incidental, special or consequential damages or for interrupted
communications, lost data or lost profits arising out of or in connection
with the ToS, even if YankeeUP has been advised of the possibility of
damages.
9. PROPRIETARY RIGHTS
Content, including but not limited to text, software, music, sound,
photographs, graphics, video, or other material presented to you by YankeeUP
may be protected by copyrights, trademarks, or other intellectual property
rights and laws. You may use this material only as expressly authorized by
YankeeUP, and may not copy, transmit, or create derivative works of such
content or information without express written authorization.
10. TERMINATION
Failure to comply with the ToS may result in the termination of your
account, with or without notice, upon which incoming email will be returned
as "undeliverable". The provisions of Sections 2, 5, 7, 8, 10, and 11 will
survive any such termination.
11. MODIFICATIONS
YankeeUP may at any time augment or enhance the current service with new
features, with or without prior notification.
12. MISCELLANEOUS
The ToS is governed by the laws of the USA and the State of Florida without
giving effect to principles of conflict of laws. If any provision of the ToS
is held to be invalid or unenforceable, such provision shall be struck and
the remaining provisions shall be enforced. YankeeUP failure to act with
respect to a breach by you or others does not waive their right to act with
respect to subsequent or similar breaches. The ToS sets forth the entire
agreement between you and YankeeUP, and supercedes any prior agreements
pertaining to the subject matter contained herein.
13. VIOLATIONS
Please report any violations of the ToS to
abuse@YankeeUP.com.
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