ACKNOWLEDGMENT AND ACCEPTANCE OF FINEWINE SERVICE AGREEMENT. Finewine,
shall provide email products and services ("the Finewine Service") to you ("User") under the terms and
conditions of this Finewine Service Agreement ("the Agreement"). USER UNDERSTANDS AND
ACKNOWLEDGES THAT USER IS ENTERING INTO AN AGREEMENT WITH FINEWINE AND
NOT THE WEB SITE WITH WHOM FINEWINE HAS ASSOCIATED TO BRING YOU THIS
SERVICE. BY COMPLETING THE REGISTRATION PROCESS AND BY CLICKING ON THE
"ACCEPT" BUTTON YOU ARE AGREEING TO BECOME A PARTY TO THIS AGREEMENT
WITH FINEWINE AND TO THE TERMS AND CONDITIONS HEREIN AND ACKNOWLEDGE
THAT YOU HAVE READ AND UNDERSTAND ANY APPLICABLE ASSOCIATE STATEMENT
ACCESSIBLE FROM THE LOG-IN PAGE OF THIS EMAIL SITE. USERS UNDER 13 MAY SIGN
UP FOR THE FINEWINE SERVICE ONLY WITH THE CONSENT OF THEIR PARENT OR
ACCEPTABLE USE POLICY. The following policy governs the use of the Finewine
Service by User.
User will comply with the terms and spirit of the Agreement. (a) User shall not use the Finewine Service for
spamming. Spamming includes, but is not limited to (1) the bulksending of unsolicited messages, or the
sending of unsolicited emails which provoke complaints from recipients, (2) the sending of junk mail, (3)
the use of distribution lists that include people who have not given specific permission to be included in
such distribution process, (4) posting commercial ads to USENET newsgroups that do not permit it, (5)
posting articles containing binary encoded data to a non-binary newsgroups, (6)excessive and repeated
posting off-topic messages to newsgroups, (7)excessive and repeated cross-posting, (8) email harassment
of another Internet user or users, including but not limited to, transmitting any threatening, libelous or
obscene material, or material of any nature which could be deemed to be offensive, and (9) the emailing of
age-inappropriate communications or content to anyone under the age of 18. Finewine has in place a spam
monitoring and control system to reduce spam sent to and from Users. Finewine shall make reasonable
attempts to respond to complaints made by User regarding the receipt of spam or other harassing email or,
in the case of a User under the age of 18, complaints from such User or from such User's parent or
guardian regarding the receipt of spam, other harassing email, or email containing any age-inappropriate
communications or content. User shall not use the Finewine Service in a manner which violates any city,
state, national or international law or regulation, or which fails to comply with accepted Internet protocol.
User shall not attempt to interfere in any way with another User's use
of, or Finewine's provision of the Finewine Service. User shall not resell, rent, lease, grant a security
interest in, or make commercial use of the Finewine services without the express written consent of
Finewine. (c) User agrees to use Finewine email addresses, containing the names of colleges, universities,
celebrities, entertainment properties, businesses, or teams for personal use only and not for any commercial
TITLE. Title, ownership rights, and intellectual property rights in
all content and material that is part of,
contained in, or accessed through the Finewine Service, and provided by either Finewine or sponsors or
any other content provider shall remain in Finewine and/or its sponsors or any other content provider. User
acknowledges and agrees that certain college, university, team, celebrity or business names contained
within Finewine-mail addresses may represent protected trademarks and service marks. Such content and
materials are protected by the copyrights, trademark, service mark and patent laws and treaties.
INDEMNIFICATION. User agrees to indemnify and hold Finewine and its
licensors, parents, subsidiaries,
affiliates, network partner sites, officers and employees ("Affiliated Parties"), 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
the Finewine Service, the violation of the Agreement by User, or the infringement by User, or other user of
the Finewine Service using User's computer, of any intellectual property or other right of any person or
entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any
PRIVACY STATEMENT. The following discloses Finewine's information gathering
Contents of User Email Communications. Finewine, will not monitor the
contents of User email
communications unless i) required to do so by law; or ii) in the good faith belief that such action is
necessary to protect and defend Finewine's rights or property; or iii) when necessary to protect the personal
safety of Users or the public. Finewine will not disclose the contents of User email communications to any
party unless required to do so by law. User email accounts are password protected and Users are
responsible for maintaining the confidentiality of the passwords.
Cookies. A "cookie" is a file transferred from Finewine's web site to
the hard drive of User's computer.
on to access their email, to personalize the Finewine Service, and to show Users banner advertisements.
For Users who share their computers, it is recommend that such Users logout after each email session and
close their browsers.
Registration Information. The registration form for the Finewine Service
requires certain contact
information (like a User email address, address and zip code) and demographic information (like a User's
gender, age, and occupation) ("Registration Information"). Finewine provides Registration Information to
the party with which Finewine has partnered to provide the Finewine Service. Registration information is
also used by Finewine as follows:
a) Custom WebMail Experience, Advertising and Promotions. Finewine's
Service is user and advertising
supported. Finewine uses Registration Information to tailor the webmail experience and advertising to the
interests of individual Users, and to send Users promotional information from Finewine sponsors when
requested by individual Users. Finewine provides Registration Information to certain companies for
analysis, modeling and comparison to enable Finewine to display advertisements which are available and
suitable for individual Users; for fulfilling promotions requested by Users; and for displaying advertisements
not served directly by Finewine. All such companies are required to sign confidentiality and non-disclosure
agreements prohibiting them from contacting Users directly; using Users Registration Information in any
way other than specified by Finewine; and from disclosing User Registration Information to any party
other than Finewine-approved parties providing other services to Finewine, which parties are also required
to sign confidentiality and non-disclosure agreements.
b) Finewine Communication. Finewine uses Registration Information
to contact Users if necessary
regarding User accounts or other User service issues; to send Users Finewine newsletters containing
information on Finewine developments, new features, and member benefits. Users may opt-out of
receiving Finewine newsletters and other promotions as detailed below.
c) Third-Party Promotions. Finewine provides Registration Information
to third parties to enable them to
send Users promotions when requested by Users. Finewine has no control over, and is not responsible
for, the use of Registration Information provided to such third parties. Users are advised to refer to the
privacy policies of the applicable third parties. Users may opt-out of third-party promotional programs
which they have previously authorized as detailed below.
Children under 13. Children under 13 ("Child" or "Children") may sign
up for the Finewine Service only
with the consent of their parent or guardian . Registration Information for Children under 13 is not
disclosed to third parties in connection with promotional programs, even if Children under 13 authorize
Opting-Out. To opt-out from any promotion which a User has previously
authorized, send an email to
firstname.lastname@example.org specifying the program(s) from which the User desires to opt-out.
Unsubscribe to Newsletters. Users can unsubscribe to the Finewine newsletters
by sending a request to
Deactivation of Finewine Service and Removal of User Registration Information.
If Users wishes to
deactivate their email account and remove their personal information from Mail.com's database Users can
send email to email@example.com.
Accessing and Modifying User Registration Information. Users can request
and/or make changes to all
their User Registration Information by sending an email to firstname.lastname@example.org.
Finewine Service, should be directed to:
PO Box 294
Rye, NY 10580
NOTICE. Any notice required under the Agreement shall be given as follows:
Notice from User to
Finewine shall be in writing and shall be made either via email, certified or postal mail; Notice from Finewine
to User shall be in writing and shall be made either via email, certified or postal mail or may be posted on
Member login section of the Finewine web site.
DISCLAIMER OF WARRANTY. FINEWINE EXPRESSLY DISCLAIMS ANY WARRANTY FOR
THE FINEWINE SERVICE. THE FINEWINE SERVICE IS PROVIDED ON AN "AS IS" BASIS,
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE
PERFORMANCE OF, OR ARISING OUT OF THE USE OF THE FINEWINE SERVICE IS BORNE
BY USER. FINEWINE MAKES NO WARRANTY REGARDING ANY GOODS, INFORMATION
OR SERVICES PURCHASED OR OBTAINED THROUGH THE USE OF THE FINEWINE
SERVICE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE
AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED
WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO USER AND USER MAY HAVE
OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL MAIL.COM OR ITS LICENSORS OR
RESELLERS BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING,
WITHOUT LIMITATION, DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO
USE THE FINEWINE SERVICE, THE PERFORMANCE OF FINEWINE SERVICE, OR
DAMAGES FOR LOSS OF GOODWILL, BUSINESS PROFIT, BUSINESS STOPPAGE, LOSS OF
DATA OR BUSINESS INFORMATION, COMPUTER DAMAGE, OR DAMAGES RESULTING
FROM UNAUTHORIZED ACCESS TO OR CHANGES MADE TO USER'S TRANSMISSIONS
OR DATA, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT
WILL FINEWINE BE LIABLE FOR ANY DAMAGES IN EXCESS OF WHAT FINEWINE
RECEIVED FROM USER FOR THE FINEWINE SERVICE. SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO USER.
INFRINGEMENT. User represents that the user id selected by the User,
when used alone or combined
with a second or third level domain name, does not interfere with the rights of any third party and is not
being selected for any unlawful purpose. User acknowledges and agrees that if such selection does interfere
with the rights of any third party or is being selected for any unlawful purpose, Finewine may immediately
suspend the use of such Finewine email address, and User will indemnify and hold Finewine harmless, in
accordance with the Indemnification section above, for any claim or demand against Finewine that arises
out of such selection. User acknowledges and agrees that neither Finewine nor any of its licensors shall be
liable to User in the event Finewine is ordered or required, as a result of a court order or legal settlement,
or contractual requirement with any licensor, to desist from using or permitting the use of a particular
domain name as part of an Finewine email address. If as a result of such action, User loses an email
address, the User's sole remedy shall be the receipt of a replacement Finewine email address.
MODIFICATION. Finewine reserves the right to modify the Finewine Service
as described in the
Agreement and on the site, and to change the terms and conditions of the Agreement. Finewine will post
the new Agreement and updated descriptions of the Finewine Service on the site. Continued use of the
Finewine Service after such postings shall be deemed an acceptance by the User to be bound by the terms
of the modified Agreement. Users not wishing to be bound by the modified Agreement or Finewine
Service may terminate the Finewine Service pursuant to the Termination section below.
TERMINATION. Finewine Services may be terminated in whole or in part,
effective immediately, by
either Finewine or User at any time upon written notice to the other party. Upon termination, User's right to
use the Finewine Service immediately ceases, and Finewine is not obligated to forward any unread or
unsent messages to User or any third party. Finewine shall not be liable to User or any third party for
termination of the Finewine Service. In the case of a terminated paid Finewine Service ("Premium
Service"), upon written request to Finewine, User shall receive at Finewine's option, either i)
reimbursement of the pro-rata portion of the amount paid for the period remaining on User's account for the
terminated Premium Service; or ii) credit for another Premium Service equivalent to the pro-rata portion of
the amount paid for the period remaining on User's account for the terminated Premium Service. There
shall be no reimbursement or credit if the Finewine Service is terminated due to User's violation of the
terms of this Agreement. Finewine reserves the right to terminate User's email address in the event that
Finewine's rights to use certain domain names or email addresses terminate or expire, in which case User
shall receive a replacement Finewine email address. In addition, Finewine retains the right, at Finewine's
sole discretion, to terminate any and all parts of the Finewine Service provided to User, without refunding
User for any annual fees paid but not yet accrued, if it determines that User has failed to comply with any
of the terms of the Acceptable Use Policy. If Finewine determines that User has failed to comply with any
of the terms in Section (a) above, of the Acceptable Use Policy, Finewine shall when appropriate, (1)
facilitate criminal prosecution against such User by referring User's spamming activity to the appropriate
legal authorities, and (2) bring a civil action against such User, who shall be liable to Finewine for any
direct, indirect, special, incidental, or consequential damages incurred by Finewine as a result of User's
spamming or other prohibited activity.
SEVERABILITY. If any provision hereof shall at any time be held to be
void, invalid or unenforceable,
such provision shall be construed as severable and shall not in any way affect or render void, invalid or
unenforceable any other provision of this Agreement, and this Agreement shall be carried out as if such
void, invalid or unenforceable provision were not part of this Agreement.
ACTION LIMIT. User and Finewine 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
NO WAIVER. No waiver on the part of Finewine to exercise, and no delay
in exercising, any right, power
or provision hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right,
power or provision hereunder preclude the exercise of that or any other right, power or provision.
FINEWINE SUCCESSORS AND ASSIGNS. This Agreement shall be binding
upon and inure to the
benefit of any Finewine successor companies or assigns.
HEADINGS. The headings in this Agreement are for convenience only and
shall not affect the meaning or
interpretation of this Agreement or any provision thereof.
ENTIRE AGREEMENT. This Agreement contains the entire understanding of
the parties with respect to
the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings,
whether oral or written, relating to the subject matter hereof.
GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of
the State of New York applicable to agreements executed and performed wholly within the State of New