ChickMail User Agreement

AGREEMENT

ChickMail Terms of Use

Please read the following agreement carefully.
You must accept the agreement to be able to use ChickMail's services.

Acceptance of Terms of Use
ChickMail is provided free of charge to registered users (each, a "User") under these Terms of Use. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE. These Terms of Use form independent agreements between you and each of ChickClick and WhoWhere?, as each Term applies to either ChickClick or WhoWhere?. Neither ChickClick nor WhoWhere? shall be liable to you for any breach of these Terms of Use by the other, and you agree that your sole recourse in the event of such breach shall be against the breaching party.

Registration Information
User agrees that both ChickClick and WhoWhere? may disclose to third parties certain aggregate information contained in Users' registration applications. Neither ChickClick nor WhoWhere? will disclose any individual User's name, address, e-mail address or telephone number without such User's prior written consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. Each of ChickClick and WhoWhere? reserves the right to terminate any User's account if ChickClick or WhoWhere? learns that such User has provided ChickClick or WhoWhere? false or misleading registration information.

Modifications of these Terms of Use
ChickClick or WhoWhere? may modify these Terms of Use from time to time in its sole discretion. ChickClick or WhoWhere? will provide Users with reasonable notice of any such changes, and continued use of ChickMail will be conditioned upon each User's affirmative acceptance of any such changes.

Modifications of ChickMail
ChickClick or WhoWhere? may modify or discontinue ChickMail (or User's account) with or without notice to any User, without liability to any User or any third party.

Contents of Messages
ChickClick and WhoWhere? do not, and cannot, monitor, censor or edit the contents of Users' e-mail messages. Users alone are responsible for the contents of their messages, and the consequences of any such messages. User agrees that it will not use ChickMail for chain letters, junk mail, "spamming", solicitations (commercial or non-commercial) or any use of distribution lists to any person who has not given specific permission to be included in such a process. User further agrees not to use ChickMail to send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.

ChickClick and WhoWhere? each reserve the right to terminate any User's account if it becomes aware and determines, in its sole discretion, that such User is violating any of the foregoing guidelines. It is ChickClick's and WhoWhere?'s policy to respect the privacy of its Users.

Account and Password
User is responsible for maintaining the confidentiality of its account number and password. User shall be responsible for all uses of its account, whether or not authorized by User. User agrees to immediately notify WhoWhere? of any unauthorized use of its account.

Disclaimer of Warranties
USER EXPRESSLY AGREES THAT USE OF CHICKMAIL IS AT USER'S SOLE RISK. CHICKMAIL IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

CHICKCLICK AND WHOWHERE? EACH EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

NEITHER CHICKCLICK NOR WHOWHERE? MAKES ANY WARRANTY THAT CHICKMAIL WILL MEET USER'S REQUIREMENTS, OR THAT CHICKMAIL WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES CHICKCLICK OR WHOWHERE? MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CHICKMAIL OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH CHICKMAIL.

USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF CHICKMAIL IS AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

NEITHER CHICKCLICK NOR WHOWHERE? MAKES ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH CHICKMAIL OR ANY TRANSACTIONS ENTERED INTO THROUGH CHICKMAIL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM CHICKCLICK OR WHOWHERE? OR THROUGH CHICKMAIL SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of Liability
NEITHER CHICKCLICK NOR WHOWHERE? SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE CHICKMAIL OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH CHICKMAIL OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF CHICKCLICK OR WHOWHERE? HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

E-mail Message Storage
Neither ChickClick nor WhoWhere? assumes any responsibility for the deletion or failure to store e-mail messages.

Promotional Messages
WhoWhere?, ChickClick and/or third parties may, from time to time, send e-mail messages to Users containing advertisements, promotions, etc. Such e-mail messages will be sent to mailbox(es) other than User's Inbox or mailboxes created by User. Neither WhoWhere? nor ChickClick makes any representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and User agrees that neither WhoWhere? nor ChickClick shall have any liability with respect thereto.

Indemnification
User agrees to indemnify and hold each of ChickClick and WhoWhere?, their parents, 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 User's use of ChickMail, the violation of these Terms of Use by User, or the infringement by User, or any other user of User's account, of any intellectual property or other right of any person or entity.

Applicable Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions.