End User Agreement and Terms of Service for Xfury.net E-Mail

Last updated: Tuesday January 29, 2002 02:56 PM -0600

I. Preface

This document refers to all e-mail services of xfury.net, stated or implied, including but not limited to: Post Office Protocol (POP) access, Simple Mail Transfer Protocol (SMTP) access, I.. Mail Access Protocol (IMAP) access, web-based access to aforementioned services via the WorldClient interface, and account configuration and administration access via the WebConfig interface. These will all be collectively referred to as the "services."

By asking for, agreeing to, or using the services, you agree to the terms of this document, located at http://www.xfury.net/mailtos.htm, and acknowledge the jurisdiction and authority of this document. Furthermore, you agree to abide by all terms of this document for all services, under risk of penalty.

II. Penalties

• Informal and/or formal reprimand by the Administrator of the services,
• restriction of the services in any form,
• suspension of account for a period of time to be set on a per-incident basis,
• removal of account with possibility of reinstatement under the same or a different name,
• removal of account with no possibility of reinstatement under the same or a different name,
• legal action taken against you, or pertinent information turned over to the proper authorities.

All penalties will be decided on a per-incident basis, at the sole discretion of the administrator of the services.

III. Usage

The services are provided as a means of communication. Improper use shall result in penalties outlined in Part II above. You shall not:

• Use the services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Upload, post, publish, or distribute any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
• Upload, post, publish, or distribute any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation.
• Upload, post, publish, or distribute any material that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Upload, post, publish, or distribute any files that you know contains viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property.
• Violate any code of conduct or other guidelines which may be applicable for any particular service.
• Violate any applicable laws or regulations.
• Intentionally restrict or impede any other person or party from using any services from this or from any other host.

This list is meant as a guideline, not as an exhaustive, complete list. Other inappropriate behavior will be decided by the administrator of the services on a per-incident basis.

The administrator of the services reserves the right at all times to disclose any information as is deemed necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in said administrator's sole discretion.

IV. Storage space and other limitations

The services have a finite amount of storage capacity. As such, you agree to the authority of the administrator to establish storage limits. When limits are reached, the administrator reserves the right to halt further storage use by you, the subscriber, until such time as storage usage is diminished. Furthermore, you agree to the authority of the administrator to limit the storage by means of size (in storage units of bytes), of number of messages, or by length of storage.

The administrator reserves the right to delete or remove any file or message at any time, and for any reason. Accounts may be removed after extended periods of inactivity, or constant presence at maximum storage limits.

V. Termination

Accounts may be terminated at any time, and for any reason, with or without prior notice.