Pointpad.com - Terms of Agreement

Pointpad.com. ("Pointpad.com") agrees to provide you ("User") with those services ("Service") set forth on the Application subject to User's compliance with the terms and conditions below.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.

Warranty Disclaimer

THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.

Pointpad.com exercises no control whatsoever over the content of the information passing through Pointpad.com's system. Use of any information obtained via Pointpad.com is at User's risk. Neither Pointpad.com nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does Pointpad.com make any warranty as to the results from use of the Service.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY Pointpad.com, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY.
NEITHER Pointpad.com NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL Pointpad.com, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT,
WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT Pointpad.com IS FOUND LIABLE UNDER ANY CIRCUMSTANCE
UNDER THE TERMS OF THIS AGREEMENT, Pointpad.com'S LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT
THE CURRENT TERM.

If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of Pointpad.com in operating the Service, User's sole and exclusive remedy is to discontinue using the Service.

Indemnification

Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold Pointpad.com, its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation) incurred or suffered by Pointpad.com, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify Pointpad.com in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and Pointpad.com shall confer as to and agree on the legal counsel(s) to be selected in any such defense.

Age Limit

User represents to Pointpad.com that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.

Sexually Explicit Materials

User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User
accesses such materials at his or her own risk. Pointpad.com has no control over and accepts no responsibility whatsoever for such materials.

Prohibited Uses

User may not:

send unsolicited email, (known as 'spam') to anyone residing on our servers or through our servers, or when dialed into the network. The following types of email sent constitute as spam:
Forged email To/From address other than from the actual sender or to the actual recipient.
Message subject not related to the email body.
Email not requested by the recipient.
emails sent in bulk by sender.
mail bombs.

restrict or inhibit any other user from using and enjoying the Internet;

post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations

post on webspace provided any sexually explicit materials or materials that may be offensive.

post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component;

post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other
material);

upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the
Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining
permission of the copyright owner or right holder;

upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto;

send unsolicited advertising or promotional materials to other network users (See section titled "MESSAGING");

allow users to run Maillist, Listserv or any form of auto-responds from User's account; run or activate processes while User is not logged in;

violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind or illegal activity;

attempt to defeat any idle timer or system tool intended to enforce the part-time and personal nature of User's connection, including the use of pingbots and other methods of avoiding timing disconnection (See section titled "LIMITATIONS OF DIAL-UP SERVICES"); or

violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account.

Pointpad.com has no obligation to monitor the Service. However, User agrees that Pointpad.com has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. Pointpad.com will not intentionally monitor or disclose any private E-mail message unless required by law. Pointpad.com reserves the right to refuse to post or to remove any information or materials, in
whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. Pointpad.com reserves the right to suspend access to the Service for User's account. The account's suspension may be rescinded within the sole and absolute discretion of Pointpad.com following payment of a reconnection charge, to be determined by Pointpad.com in its sole and absolute discretion.

Messaging

User agrees to limit their use of the Pointpad.com service, specifically regarding the use of Pointpad.com' electronic (email) services, to the following restrictions:

Unauthorized Use of Relay Servers

User agrees that any unauthorized use of any email server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.

Fraudulent Addressing

User agrees that the purposeful distribution of any email message where the return address, originator's address, or any other
identifiable aspect of the message has been purposefully altered, is prohibited. User may not purposefully misrepresent the
origination information of any email messages sent while using the Pointpad.com service.

Fraudulent Content

User agrees to be held responsible for the distribution of fraudulent materials.

VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES. TERMINATION OF Pointpad.com SERVICES FOR VIOLATION OF ANY OF THESE TERMS.

 

Restricted Content

You agree not to post any of the following restricted contents:

Illegal, Abusive or Unethical Activities include, but are not limited to, pornography, obscenity, nudity, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials.

Terms of Payment

A credit card User agrees to allow "Pointpad.com" to bill his or her card on each successive billing date without obtaining User's permission after the initial charge. A credit card User shall notify Pointpad.com of any changes in credit card number or expiration date. If the card is not honored for any reason, Pointpad.com will attempt to notify the card holder by using the telephone information given at sign-up or by E-mail. If alternative billing has not been established, the account will be terminated. Restoring the account will be subject to a reactivation fee.

If payment is by check, payment due dates are indicated on User's invoice. Dishonored checks are subject to a collection fee to be determined by Pointpad.com in its sole and absolute discretion and User's account may be suspended until the account is current. If payment is not received , service will be terminated. Restoring the account will be subject to a reactivation fee.

Pointpad.com maintains the right to terminate Service for any unpaid subscriptions. Accounts in default are subject to an interest charge of 2.5% per month on the outstanding balance. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices. In the event Pointpad.com utilizes an attorney to collect any unpaid amounts, User shall be responsible for the payment of all of Pointpad.com's attorneys' fees and costs in the collection of these sums.

Pointpad.com reserves the right to change prices at any time without prior notice to it's customers or the public. Price changes will not be retroactive for existing customers, regardless of the length of their existing service subscription.

Right to Cancel

Pointpad.com reserves the right to cancel Service for any reason without prior notice. Pre-paid service is non-refundable.

Pointpad.com will not refund any shipping or handling fees.

User must notify Pointpad.com via telephone or in writing to cancel Service. Cancellations shall not be honored by electronic mail. Fees for any setup, shipping and handling, and monthly service charges placed by Pointpad.com are non-refundable.

No Confidentiality

Information transmitted through Pointpad.com and through the Internet in general is not confidential. Pointpad.com can not and shall not guarantee privacy or protection of any User. Pointpad.com reserves the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to
protect the rights and property of Pointpad.com.

Customer Information

Unless required by court order, subpoena or other legal request, or upon the advice of counsel, Pointpad.com may publish User's name and other consumer information in one or more directories which may be accessed by other Internet users. In addition, unless User notifies Pointpad.com to the contrary as provided above, Pointpad.com may make such information available to third parties from time to time. User understands further that merchants on the Internet may have access to such information and may make it available to third parties in accordance with their normal practices unless User notifies those merchants directly that User does not wish such information to be made available.

Non-transferable

The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law.

Purchases on the Service

If User wishes to make purchases on the Service, User may be asked by the merchant or information or service provider from
whom User is making the purchase to supply certain information, including credit card or other payment mechanism information. User agrees that all information User may provide any merchant or information or service provider on the Service for purposes of making purchases shall be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. User agrees to pay all charges incurred by users of User's account and credit card or other payment mechanism at the prices in effect when such charges are incurred. User shall also be responsible for paying any applicable taxes relating to purchases on the Service.

No System Backup

Pointpad.com does not and will not perform system backups on any User's E-mail account(s). Pointpad.com shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, Pointpad.com will not provide historical data, to any party for any reason, regarding any system or Internet activity.

Pointpad.com shall not be held responsible for any lost web data, web files, or any website contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, Pointpad.com will not provide historical data, to any party for any reason, regarding any system or Internet activity.

Failure to Comply With Terms and Conditions

Pointpad.com may deny User access to all or part of the Service without notice if User engages in any conduct or activities that Pointpad.com in its sole discretion believes violates any of the terms and conditions in this Agreement. If Pointpad.com denies User access to the Service because of such a violation, User shall not have the right (1) to access through Pointpad.com any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through Pointpad.com, and Pointpad.com shall have no responsibility to notify any third party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of
notification.

Miscellaneous
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

User agrees to remain signed into the network only when actually making use of same, and to disconnect when idle for significant periods of time (more than 10 minutes). User also agrees to not remain connected to Pointpad.com' system for periods exceeding (5) five hours, in any single continuous session. User authorizes Pointpad.com to enforce these restrictions by appropriate software and network measures, automated and manual.

User agrees to notify Pointpad.com if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms User supplies to Pointpad.com.

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in
accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

Pointpad.com's failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.

Pointpad.com may modify this Agreement from time to time by placing a notice of such modification on our website, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.

This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

Pointpad.com shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of Pointpad.com.

Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming Pointpad.com as the defendant, shall be proper only in a venue determined by Pointpad.com.

In any action between Pointpad.com and User to enforce any of the terms of this Agreement, Pointpad.com shall be entitled to recover expenses, including reasonable attorney's fees.

This Agreement constitutes the entire agreement between User and Pointpad.com with respect to the Service.