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This Agreement is between Bigfoot Communications Limited ("Bigfoot") and you
("you", "your" or the "User"), as an authorized user of the services provided by
Bigfoot, and governs the terms and conditions of your use of any services offered by Bigfoot and access to the
Site (as defined herein). Bigfoot, through its website www.bigfoot.net (the "Site"), provides (a)
computing and information services and (b) telecommunications services, including, email management, SMS, Domain
Registration, the Bigfoot Conference Call Manager, Bigfoot WebMailTM, Bigfoot Anti-SpamTM, Bigfoot MyDirecotries
and other services to be added, to those persons ("Users") who access the Site and utilize its
services (collectively the "Bigfoot Services"). By accessing the Site and using any of the services
offered or provided by Bigfoot, you confirm your acceptance of, and agree to be bound by, (i) all of the
conditions of use set forth in this Agreement, (ii) any of the rules, policies and terms and conditions of use
published on the Site that apply to each of the individual services provided or offered by Bigfoot, and (iii)
the Privacy Policy. This Agreement,
together with the Privacy Policy,
any operating rules, policies, pricing schedules, conditions of use or other documents on the Site or expressly
incorporated herein by reference constitute the entire agreement between Bigfoot and the User, and supersede all
prior agreements between the parties regarding the subject matter of this Agreement. Notwithstanding the
foregoing, your use of any software that may any time be provided by Bigfoot relating to any of the Bigfoot
Services shall be pursuant to a separate agreement governing the use of such software.
| 1. Member Account, Password and Security |
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If a particular product or service offered on the Site requires you to open an account, you must complete the
registration process by providing us with current, complete and accurate information as prompted by the
applicable registration form. You further agree that the Registration Data you provide will be maintained and
updated to keep it true, accurate, current and complete. Bigfoot reserves the right to terminate your use of the
Services and refuse to provide you with any and all current or future use of the Services if Bigfoot, in its
sole discretion, determines that any of your Registration Data is untrue, inaccurate, not current or incomplete.
You may be asked to choose a password and a user name, and you are entirely responsible for maintaining the
confidentiality of your password and account. Furthermore, you are entirely responsible for any and all
activities that occur under your account. You agree to notify Bigfoot immediately of any unauthorized use of
your account or any other breach of security. Bigfoot will not be liable for any loss that you may incur as a
result of someone else using your password or account, either with or without your knowledge. However, you could
be held liable for losses incurred by Bigfoot or another party due to someone else using your account or
password. You may not use anyone else’s account at any time, without the permission of the account holder.
As part of the registration process, the Service software automatically collects certain information from your
computer (including your Internet address, browser type, operating software, computer language and e-mail type
and other computer registry information). You agree to allow Bigfoot, through its software, to obtain this
information and further agree not to manipulate or falsify such information.
| 2. Bigfoot for LifeTM and Email Services |
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I. Bigfoot offers a lifetime email address, Bigfoot for LifeTM, through which users can utilize various email
management features, including email forwarding, distribution, filtering, consolidation, spam blocking,
reminder, auto responder and PermaWeb. Bigfoot, through the Site, offers three categories of membership relating
to its email services (collectively the "Email Services"):
A. Bigfoot for Life Basic. Membership Fee: Free. Basic Forwarding: Forwards up to 50 e-mails a day
B. Bigfoot for Life Premium. Membership Fee: $9.95 per quarter. Premium Forwarding:
Forwards up to 500 e-mails a day. This includes but is not limited to:
1) Distribution. Bigfoot distributes copies of all your email to up to twenty email accounts.
2) Filtering. Bigfoot delivers your incoming email to multiple addresses or rejects it based on your preferences.
3) Consolidation. Bigfoot consolidates messages from multiple email accounts to your Bigfoot for Life address.
4) Anti-Spam Defense System. Bigfoot blocks email from the web's most notorious spammers.
5) Reminder Service. Bigfoot reminds you of important holidays, birthdays, and anniversaries.
6) Auto-Responder. Bigfoot automatically responds to incoming mail while you're away.
7) PermaWeb. Bigfoot gives you a permanent Web address. If you move, change service providers, or alter your
URL, netizens can always find you at http://www.bigfoot.net/~yourname.
C. Bigfoot for Life Ultra. Membership Fee: $19.95 per quarter. Ultra Forwarding:
Forwards an unlimited number of e-mails a day. This includes but is not limited to:
1) Distribution. Bigfoot distributes copies of all your email to up to twenty email accounts.
2) Filtering. Bigfoot delivers your incoming email to multiple addresses or rejects it based on your preferences.
3) Consolidation. Bigfoot consolidates messages from multiple email accounts to your Bigfoot for Life address.
4) Anti-Spam Defense System. Bigfoot blocks email from the web's most notorious spammers.
5) Reminder Service. Bigfoot reminds you of important holidays, birthdays, and anniversaries.
6) Auto-Responder. Bigfoot automatically responds to incoming mail while you're away.
7) PermaWeb. Bigfoot gives you a permanent Web address. If you move, change service providers, or alter your
URL, netizens can always find you at http://www.bigfoot.net/~yourname.
Bigfoot also offers a unique feature, through which users can manage their Bigfoot for LifeTM accounts
comfortably as it takes care and makes sure you get the mail that you want and need, Spam free! Bigfoot offers:
D. Bigfoot Anti-SpamTM.
Membership Fee: $5.95 per quarter with free 5 Mb Bigfoot WebMailTM storage capacity. Available to:
1) Bigfoot for Life Basic members
2) Bigfoot for Life Premium members
3) Bigfoot for Life Ultra members
Description: Bigfoot Anti-Spam -- reduces Spam to a manageable proportion.
E. MyDirectories
Bigfoot offers a free directory listing search service with features such as the following:
1) Directories Search History - Bigfoot displays user's most current contact information searches, up to the
last 5 searches.
2) My Profile - User's can manage and update their personal and or company information listing.
3) Manageable Privacy Options - You can set your directory listing to 3 different viewing options, depending on
how you want others to view your listing: Public, Private or Screened.
3. Use of the Services
By accessing the Site and using the Services, each User agrees to be bound by all of the Conditions of Use set
forth in this Agreement as well as any of the rules and policies published on the Site that apply to each of the
individual Email Services (such as Bigfoot for Life, Premium Membership, Ultra Membership) as well as the other
services offered by Bigfoot that you may use (i.e., SMS, Domain Registration, Web Mail and Bigfoot Conference
Call Manager).
4. Billing
By accessing the Site and using the Services, each User agrees to the following terms and conditions concerning
billing, charges and payment for use of the Services:
PLEASED BE ADVISED:
(a) You expressly agree that all charges for payment of the Email Service or any other Bigfoot Service are final
and non-refundable. You are responsible for all charges resulting from your use of the Email Service or any
other Bigfoot Service. Once you sign up for the Email Service or any other Bigfoot Service and provide a form of
payment, Bigfoot will not provide you a refund for any charge made on your credit card, debit card or any
payments. (b) If you believe that you have been improperly charged for any Service, you must notify Bigfoot
within (5) days of any invoice or credit card statement, provide Bigfoot any information necessary to review the
claim, and Bigfoot will attempt to resolve the claim in a timely manner.
BIGFOOT DOES NOT CONDONE FRAUD:
In the event of any unauthorized use of your account or unauthorized credit card charges or debit card charges,
you must notify Bigfoot, and you will be responsible for such unauthorized use or charges until you notify
Bigfoot. You must also adopt any steps necessary to prevent further unauthorized use of your account or
unauthorized charges.
RENEWALS:
Upon expiration of the subscription for the Email Service (or
any other Bigfoot Service), Bigfoot shall automatically renew
your subscription and charge your credit or debit card. If you
do not wish to renew, you must notify Bigfoot at subscriptionrenewal@bigfoot.com
no less than 5 days prior to the expiration of your subscription,
otherwise you shall be responsible for all fees and charges
incurred for such renewal. Bigfoot shall have the right to terminate
your account immediately, and you shall have no right to a refund
of any service fees or charges, in the event you in any manner
violate these Terms and Conditions or the Privacy Policy or
any other applicable Bigfoot policy, rule or conditions of use.
While you may choose to terminate your account voluntarily at
any time, you will not have a right to any refund of any service
fees or charges.
5. No
Commercial Use.
No User may reproduce, or otherwise utilize, for commercial
purposes the information provided by Bigfoot through the Site
or the Bigfoot Services without the written permission of Bigfoot.
Consequently, without such written permission, no User may resell
or commercially exploit the names, addresses or other data obtained
by use of any of the Bigfoot Services. Your right to use the
Bigfoot Services is personal to you, and you hereby agree not
to resell the use of the Bigfoot Services.
6.
Intellectual Property.
Each User acknowledges that Bigfoot has copyrighted the contents
of the Site and Bigfoot Services as a compilation copyright
and that reproductions, redistribution or publication of such
content is prohibited without the express written consent of
Bigfoot. Further, each User acknowledges that the Site and Bigfoot
Services may include or contain material of Bigfoot or third
parties protected by copyright, trademark or other laws and
that the use or reproduction thereof without express consent
shall be prosecuted to the fullest extent of the law. The Bigfoot
name, the Bigfoot logo, and other marks and service marks are
trademarks or service marks of Bigfoot Communications and are
protected by intellectual property laws of the United States
and several other countries worldwide and that the use or reproduction
thereof without express consent shall be prosecuted to the fullest
extent of the law.
7.
Deny Access.
Bigfoot reserves the right in its sole discretion to deny access
to the Site or any or all of the Bigfoot Services to any User
for any reason whatsoever.
8.
Use of Information.
By providing information to Bigfoot, each User hereby grants
permission for Bigfoot to use such information in accordance
with and subject to the Bigfoot Privacy
Policy unless a restriction on such use is transmitted by
the User to Bigfoot by email prior to such use (in which event
Bigfoot may deny your use of any of the Services).
9. Indemnification.
Each User hereby indemnifies Bigfoot, its subsidiaries, affiliates,
employees, agents, and representatives and each of its licensors
and service providers against any and all liabilities, expenses
(including attorney's fees) and damages relating to Bigfoot's
use of information provided by such User. You further agree
to indemnify Bigfoot and each of its licensors and service providers
from and against any and all liabilities, expenses (including
attorneys' fees) and damages arising out of claims based upon
your use of any of the Bigfoot Services, including any violation
of this Agreement or any other Bigfoot policy, rule or conditions
of use posted on the Site or relating to any Bigfoot Service,
by User or any other person using your account, any claim of
libel, defamation, violation of rights of privacy or publicity,
any loss of service by other customers, any infringement of
intellectual property or other rights of any third parties.
10. Other Bigfoot Members.
Each User agrees to discontinue any communication with persons
listed in the Bigfoot directory upon the request of such persons.
11. Content and Submissions.
(a) Bigfoot undertakes no responsibility to review the contents
of any information provided to Users, including but not limited
to information accessed through links to other sites and forwarded
email, and by using the Email Service, Web Mail (and any of
the other Bigfoot Services). Each User agrees that Bigfoot shall
have no liability for such contents. Furthermore, any dealings
with third parties (including advertisers) included within the
Bigfoot Site/Services or participation in promotions, including
the delivery of and the payment for goods and services, and
any other terms, conditions, warranties or representations associated
with such dealings or promotions, are solely between you and
the advertiser or other third party. Bigfoot shall not be responsible
or liable for any part of any such dealings or promotions. (b)
Bigfoot does not claim ownership of the materials you provide
to Bigfoot (including feedback and suggestions) or post, upload,
input or submit (each a "Submission" and collectively
"Submissions"). However, by posting, uploading, inputting,
providing or submitting ("Posting") your Submission
you are granting Bigfoot, its affiliated companies and necessary
sub licensees permission to use your Submission in connection
with the operation of their Internet businesses, including,
without limitation, the license rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat your Submission; to publish your name
in connection with your Submission; and the right to sublicense
such rights to any supplier of a Bigfoot Service. No compensation
will be paid for any Submission, and by posting any Submission
you represent that you own or otherwise control all rights therein.
12. Compliance with Laws; Junk Mail and Spam.
Use of the Email and Web Mail Services (and the other Bigfoot
Services) is subject to all applicable local, state, national
and international laws and regulations (including without limitation
those governing account collection, export control, consumer
protection, unfair competition, anti-discrimination or false
advertising). Each User agrees:
(1)
To comply with all laws regarding the transmission of technical
data exported from any country through the Bigfoot Services;
(2)
Not to use the Bigfoot Services for illegal purposes;
(3) Not to
interfere or disrupt networks connected to the Bigfoot
Services or to upload or disseminate files that contain
viruses, Trojan Horses, worms, time bombs, cancelbots,
corrupted files or any other similar programs or software
that may damage the operations of Bigfoot or of another’s
computer or property;
(4)
To comply with all regulations, policies and procedures
of networks connected to the Bigfoot Services;
(5)
Not to use the Bigfoot Services to infringe any third
party's copyright, patent, trademark, trade secret or
other proprietary rights or rights of publicity or privacy;
and
(6)
Not to transmit through the Bigfoot Services any unlawful,
harassing, libelous, defamatory, abusive, threatening,
harmful, vulgar, obscene, profane or otherwise objectionable
material of any kind or nature or disseminate any material
or information that incites discrimination, hate or violence
towards one person or a group because of race, religion
or nationality;
(7)
Not to harvest or otherwise collect information about
others, including e-mail addresses or download or otherwise
copy, or provide (whether for a fee or not) to a person
or entity any directory of users of Bigfoot or other usage
information or any portion thereof;
(8)
Not to use the Services for chain letters, junk mail,
spamming or any use of distribution lists to any person
who has not given specific permission to be included in
such a process, and further agree not to attempt to gain
unauthorized access to other computer systems. Bigfoot
will immediately terminate any account which it believes,
in its sole discretion, is transmitting or is otherwise
connected with any spam or other unsolicited bulk email.
If actual damages cannot be reasonably calculated, you
agree to pay Bigfoot liquidated damages of $10 for each
piece of spam or unsolicited bulk email transmitted from
or otherwise connected with your account, otherwise you
agree to pay Bigfoot's actual damages, to the extent such
actual damages can be reasonably calculated;
(9)
Not to transmit any material 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;
(10)
Not to interfere with another Customer's use and enjoyment
of the Bigfoot Services;
(11)
That Bigfoot for Life addresses may not be utilized as
return addresses for commercial email solicitations, advertising,
offensive or illegal communications, communications which
infringe intellectual property rights, or communications
which harass, intimidate or otherwise violate the rights
of others.
Bigfoot reserves the right to terminate the Bigfoot for
Life registration of any person who violates this policy. |
13. Modification
of Agreement.
This Agreement (and any agreement, rule, or policy relating
to the Bigfoot Services) may be modified by Bigfoot at any time
by publication through the Site or by sending each User an email
to the User's Bigfoot for Life address. YOU ARE RESPONSIBLE
FOR REGULARLY REVIEWING THE BIGFOOT WEBSITE TO OBTAIN TIMELY
NOTICE OF SUCH MODIFICATIONS. USER SHALL BE DEEMED TO HAVE ACCEPTED
SUCH MODIFICATIONS BY CONTINUING TO USE THE SITE AND ANY OF
THE BIGFOOT SERVICES AFTER SUCH MODIFICATIONS HAVE BEEN POSTED
OR INFORMATION REGARDING SUCH MODIFICATIONS HAS BEEN SENT TO
YOU.
14. Modification
of Services.
Bigfoot reserves the right to modify or discontinue any of the
Bigfoot Services with or without notice. Bigfoot shall not be
liable to User or any third party should Bigfoot exercise its
right to modify or discontinue any of the Services.
15. Termination.
Either User or Bigfoot may terminate your account at any time,
with or without cause (for any reason), with or without notice.
Any notice by you to Bigfoot concerning termination or cancellation
of your account shall be in accordance with any procedures that
may be established by Bigfoot from time to time in its sole
discretion. Bigfoot also reserves the right to terminate or
suspend your account without prior notice, provided that Bigfoot
will attempt to confirm such termination or suspension by subsequent
notice.
16. Miscellaneous.
(a) Bigfoot may assign this Agreement in accordance with the
sale of all or substantially all of its stock or membership
interest or all or substantially all of its assets to a third
party. (b) YOU AGREE THAT BY ACCEPTING THE TERMS IN THIS AGREEMENT,
YOU CONSENT TO RECEIVE REQUIRED INFORMATION, AND ANY OTHER INFORMATION
PROVIDED TO YOU FROM BIGFOOT, SOLELY BY ELECTRONIC COMMUNICATION.
17. Disclaimer of Warranties;
Limitations on Liability.
EACH USER EXPRESSLY AGREES THAT USE OF THE SITE, THE EMAIL SERVICES,
WEB MAIL AND THE OTHER BIGFOOT SERVICES IS AT THE USER'S SOLE
RISK. NEITHER BIGFOOT NOR ANY OF ITS LICENSORS, EMPLOYEES, OR
AGENTS WARRANT THAT THE SITE OR THE BIGFOOT SERVICES WILL BE
UNINTERRUPTED OR ERROR FREE AND NEITHER BIGFOOT NOR ANY OF ITS
LICENSORS OR SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE IN
ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR
ANY COMMUNICATIONS DIFFICULTIES WHICH COULD LEAD TO THE INTERRUPTION
AND/OR DELIVERY OF ANY OF THE SITE OR THE BIGFOOT SERVICES;
NOR DOES BIGFOOT OR ANY OF ITS LICENSORS, EMPLOYEES OR AGENTS
MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE
OF THE SITE OR THE BIGFOOT SERVICES. THE SITE AND BIGFOOT SERVICES
ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT
LIMITED TO WARRANTIES AS TO ACCURACY OF INFORMATION, WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES
WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION,
OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE SERVICES.
NEITHER BIGFOOT NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING,
OR DELIVERING THE SITE OR THE BIGFOOT SERVICES SHALL BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF USE OF THE SITE OR THE BIGFOOT SERVICES
OR INABILITY TO USE THE SITE OR THE BIGFOOT SERVICES OR OUT
OF ANY BREACH OF ANY WARRANTY, AND YOU HEREBY WAIVE ANY CLAIMS
WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR
OTHER GROUNDS, EVEN IF BIGFOOT OR ANY SUCH LICENSOR OR SERVICE
PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE
ENTIRE LIABILITY OF BIGFOOT AND ITS LICENSORS AND SERVICE PROVIDERS
AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SITE
AND THE BIGFOOT SERVICES OR ANY BREACH OF THIS AGREEMENT ARE
LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND
USE OF THE SITE OR THE BIGFOOT SERVICES DURING YOUR AVERAGE
ONE MONTH PERIOD OF USE. YOU HEREBY RELEASE BIGFOOT AND EACH
OF ITS LICENSORS AND SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS,
LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. YOU SPECIFICALLY
AGREE THAT BIGFOOT SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL
OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS
ENTERED INTO THROUGH ANY BIGFOOT SERVICE. YOU SPECIFICALLY AGREE
THAT BIGFOOT IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING,
DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT
OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS,
INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE
THAT BIGFOOT IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR
INCLUDED IN THE SITE OR SERVICES BY ANY THIRD PARTY.
18. E-mail Storage.
The amount of memory available for storage of e-mail of each
User will be limited according to policies adopted from time
to time by Bigfoot. Any User exceeding such storage limitations
will be notified by e-mail and provided (10) days to delete
stored e-mails or to purchase additional storage capacity. In
the event User takes no action, Bigfoot will delete stored e-mail,
starting with the oldest e-mails, until the User falls within
the prescribed limits. Bigfoot has no responsibility or liability
for the deletion, corruption or failure to store any messages.
You agree that Bigfoot may establish, and modify, the policies
concerning limitations on the frequency of use of the Web Mail
service to send or receive e-mail, and/or limiting the period
of time for which stored e-mails will be retained.
19. Governing Law; Jurisdiction.
The laws of Hong Kong, Special Administrative Region,
excluding its conflicts-of-law rules, shall govern all matters
relating to this Agreement and use of the Site, the Email
Services (and the other Bigfoot Services). The United Nations
Convention on contracts for the international sale of goods is
expressly disclaimed. Any controversy or dispute arising out
of this Agreement, the interpretation of any provision hereof,
the action or inaction of any party hereto, or the use of the
Services, shall be submitted to the exclusive jurisdiction of
the courts of Hong Kong, SAR. The successful party to any
litigation, claim, action, proceeding or the like, relating to
this Agreement or the Services shall be entitled to an award
for reasonable costs and attorney's fees (including those of
outside and in-house counsel).
20. If any provision of this
Agreement is invalid or unenforceable under applicable law,
such provision will be deemed modified to the extent necessary
to render such provision valid and enforceable and the other
provisions of this Agreement will remain in full force and effect.
The failure of Bigfoot to exercise or enforce any right or provision
of this Agreement shall not constitute a waiver of such right
or provision. The section titles in this Agreement are for convenience
only and have no legal or contractual effect. This Agreement
may not be amended except as provided in Section 13. You may
not assign or transfer this Agreement or any rights hereunder,
and any attempt to the contrary is void. |
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