NetBlitz Terms of Use and Notices

Last Updated: April 2004

First and foremost, NetBlitz adheres to the Dartmouth College Information Technology Policy, which covers fair usage, data collection, and privacy.

I find it necessary to emphasize that NetBlitz and its affiliate sites are created and run by a few students and alumni. For free.
But since people have threatened to sue us, I am adding the following addendum to fill any gaps in the above policy. [BTW - I want to make sure that I am following the standards of webmail programs. As such, the following is based closely on the policy from Hotmail.com]

Addendum Terms and Conditions::

1. THIS IS AN AGREEMENT BETWEEN YOU AND NETBLITZ

This is an agreement ("Agreement") between you and NetBlitz (or, if applicable based on where you live, one of its affiliates) ("NetBlitz"). This Agreement governs your use of any Web site or Web page operated by NetBlitz (each, a "NetBlitz Site," and collectively, the "NetBlitz Sites"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.
NETBLITZ OFFERS THE NetBlitz WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE NETBLITZ WEB SITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 10). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.

2. HOW NETBLITZ MAY MODIFY THIS AGREEMENT

NetBlitz reserves the right to change the addendum terms, conditions, and notices under which it offers the NetBlitz Web Sites, including any charges associated with the use of the NetBlitz Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any NetBlitz Web Site. Your continued use of the NetBlitz Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.

3. ADDITIONAL TERMS

Any NetBlitz Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that NetBlitz Web Site, including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within a NetBlitz Web Site, then the terms in this Agreement shall control.

4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE NetBlitz WEB SITES

The NetBlitz Web Sites are only for your personal use. You will not use the NetBlitz Web Sites for commercial purposes. You will not use the NetBlitz Web Sites in any way that is unlawful, or harms NetBlitz, its affiliates, resellers, distributors, service providers and/or suppliers (each, a "NetBlitz Party" and collectively, the "NetBlitz Parties") or any customer of a NetBlitz Party, as determined in NetBlitz's sole discretion. NetBlitz may tell you about certain specific harmful uses in a code of conduct or other notices available through a NetBlitz Web Site, but has no obligation to do so. You may not use the NetBlitz Web Sites in any way that breaches any code of conduct, policy or other notice applicable to the NetBlitz Web Sites. Without limiting the generality of this section, you may not use the NetBlitz Web Sites in any manner that could damage, disable, overburden, or impair any NetBlitz Web Site (or the network(s) connected to any NetBlitz Web Site) or interfere with any other party's use and enjoyment of the NetBlitz Web Sites.

5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY

Without limiting the generality of Section 4, you will not use the NetBlitz Web Sites to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the NetBlitz Web Sites in any way that violates the NetBlitz Anti-Spam Policy. NetBlitz uses Hotmail's anti-spam policy, as seen at privacy.msn.com/anti-spam. A breach of any part of the Anti-Spam Policy is a breach of this Agreement. NetBlitz may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the NetBlitz Web Sites includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the NetBlitz Web Sites even if such e-mail does not violate the Anti-Spam Policy.

6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING

For materials you post or otherwise provide to NetBlitz related to the NetBlitz Web Sites (a "Submission"), you grant NetBlitz permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the NetBlitz Web Sites, and (2) sublicense these rights, to the maximum extent permitted by applicable law [ie - NetBlog forum submissions, suggestions sent to system administrators, etc..]. NetBlitz will not pay you for your Submission. NetBlitz may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section.

7. SOFTWARE

Your use of any software associated with the NetBlitz Web Sites will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software. If you receive any software that is not accompanied by a EULA, then NetBlitz grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the NetBlitz Web Sites and in accordance with this Agreement. NetBlitz reserves all rights to such software not expressly granted to you in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. NetBlitz or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. NetBlitz may automatically check your version of such software and may automatically download upgrades to such software to your computer to update, enhance and further develop the NetBlitz Web Sites.

8. INFORMATION AVAILABLE FROM THE NETBLITZ WEB SITES

NetBlitz and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the NetBlitz Web Sites including stock quotes, even if such information appears in any e-mail, pager, cell phone or other alerts available through the NetBlitz Web Sites. NetBlitz and its suppliers do not authorize the use of information available from the NetBlitz Web Sites including stock quote or other financial information, for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. NetBlitz is not a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions, and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in the NetBlitz Web Sites constitute an offer or solicitation to buy or sell any security. NetBlitz does not endorse or recommend any particular product or service, including financial products or services. Nothing contained in the NetBlitz Web Sites is intended to constitute professional advice, including but not limited to, investment or tax advice.

9. NETBLITZ MAKES NO WARRANTY

NETBLITZ PROVIDES THE NETBLITZ WEB SITES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE NETBLITZ PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE NETBLITZ PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE NETBLITZ WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.

10. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY

IN NO EVENT WILL ANY NETBLITZ PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE NETBLITZ WEB SITES, EVEN IF SUCH NETBLITZ PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE NETBLITZ WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY NETBLITZ PARTY WITH RESPECT TO THIS AGREEMENT OR THE NETBLITZ WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NETBLITZ WEB SITES.

11. CHANGES TO THE NetBlitz WEB SITES; ADDITIONAL LIABILITY LIMITATION

THE NETBLITZ PARTIES MAY CHANGE THE NETBLITZ WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the NetBlitz Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by NetBlitz and persons other than NetBlitz (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE NETBLITZ PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT NETBLITZ IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE NetBlitz WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE NetBlitz WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE NetBlitz WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE NetBlitz WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.

12. TERMINATION; ACCESS RESTRICTION

NetBlitz may terminate this Agreement, or terminate or suspend your access to the NetBlitz Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the NetBlitz Web Sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE NETBLITZ WEB SITES AND SERVER MAY NOT BE RETRIEVED LATER.

13. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

If this Agreement is with NetBlitz, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of California, without reference to conflict of laws principles. If this Agreement is with a NetBlitz affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such NetBlitz affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject NetBlitz Web Sites are directed. If this Agreement is with NetBlitz, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Santa Clara County, California, USA in all disputes arising out of or relating to the use of the NetBlitz Web Sites. If this Agreement is with a NetBlitz affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such NetBlitz affiliate in all disputes arising out of or relating to the use of the NetBlitz Web Sites.

14. INTERPRETING THE AGREEMENT; ASSIGNMENT

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. NetBlitz may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the NetBlitz Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and NetBlitz with respect to the NetBlitz Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and NetBlitz with respect to the NetBlitz Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

15. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM

YOU AND NETBLITZ AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE NETBLITZ WEB SITES MUST COMMENCE WITHIN ONE (1) MONTH AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.