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Internovations' Email Blasting Service
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Internovations' Email Blasting Service Terms of Use PART I: TERMS APPLICABLE TO ALL OF Internovations' Email Blasting Service These Internovations' Email Blasting Service Terms of Service comprise a legal agreement between You and Internovations LLC as further described in the next sentence, and govern Your use of Internovations' Email Blasting Service. BY SUBSCRIBING TO A Internovations' Email Blasting Service, YOU AGREE TO BE BOUND BY THE TERMS OF THESE TERMS OF SERVICE AND THE ADDITIONAL TERMS, AS MODIFIED FROM TIME TO TIME. If you do not agree to these Terms of Service and the Additional Terms do not subscribe to or use the Internovations' Email Blast Service. Internovations' Email Blasting Service is made up of Web sites and Web pages operated by Internovations LLC and its affiliates and of various products and services which are provided by Internovations LLC, its affiliates or third party service providers. These Web sites, Web pages, products and services will be collectively referred to in these Terms of Service as "Internovations' Email Blast Service" or the "Internovations' Email Blasting Service." "You" and "Your" means You, Your company, Your employees, and anyone who has access to use Your Internovations' Email Blasting Service; account. You must be at least eighteen (18) years of age to subscribe to and use any Internovations' Email Blasting Service service or product. The general provisions in Part I of these Terms of Service apply to the Internovations' Email Blasting Service and to all of the products and services provided through the Internovations' Email Blasting Service. The provisions in Part II of these Terms of Service are additional provisions that apply to the particular Internovations' Email Blasting Service product(s) or service(s) described in each section of Part II. Each applicable Internovations' Email Blasting Service Web site, product or service may have other posted guidelines or rules (the "Additional Terms"). All such Additional Terms are incorporated by reference into these Terms of Service. The Internovations' Email Blasting Service is offered to You on the condition that You accept these Terms of Service and the Additional Terms without modification. You agree to familiarize Yourself with, and to regularly review, the Terms of Service, the Additional Terms, and other terms and guidelines found throughout the Internovations' Email Blast Service and abide by them if You choose to use the sites, or accept the products, services or benefits, to which such terms apply. Internovations reserves the right to change any of the Terms of Service and any Additional Terms at anytime without notice. If Internovations makes a material change to the Terms of Service, Internovations will give You notice by email at the email address which You use as Your user ID for Your Internovations' Email Blasting Service account thirty days before such change is scheduled to take effect. If You continue to use the Internovations' Email Blasting Service after any such changes, Your continued use will constitute Your consent to such changes. Any rights not expressly granted herein are reserved by Internovations. In addition Your registration information and other information about You is subject to our Privacy Statement. If You do not have print capability or otherwise desire to obtain a hard copy of these Terms of Service, please visit the Internovations' Contact Us page and send an email requesting a hard copy. YOUR WARRANTIES By subscribing to any service offered on the Internovations' Email Blasting Service site, You make the following representations and warranties. Internovations shall have the right to terminate Your Internovations' Email Blasting Service account, without notice at any time, if any representation warranty made by You proves to be untrue in any respect. You represent and warrant that: * You and all users of the Internovations' Email Blasting Service approved by you are at least eighteen (18) years of age; * You have the legal capacity and authority to; (a) enter into binding contracts for the sale and purchase of goods and services, (b) be bound by these Terms of Service and the Additional Terms, (c) to subscribe to and use the Internovations' Email Blasting Service service, including, where applicable, the buying, selling and listing of items, in accordance with these Terms of Service and any Additional Terms and (d) if you are acting in a corporate capacity, to bind Your company; * You will not use the Internovations' Email Blasting Service for any purpose that is unlawful, or prohibited by these Terms of Service or the Additional Terms (as may be modified from time to time); * All information supplied by You or by others using Your account is true and accurate, including information submitted as part of the registration, subscription and billing process; * Any products or services advertised, sold or otherwise distributed by You on or in connection with Your Web Site are legal for sale or distribution; that you have all licenses necessary to sell or advertise the goods or services offered for sale or distribution and that all sales and advertisements will be in compliance with applicable law; and * You have and control all of the intellectual property, proprietary and similar rights necessary for all material located on Your Web Site, all submissions, and all products and services sold or otherwise distributed by You or on Your behalf via Your Web Site. By using the Internovations' Email Blast Service, You agree that You will defend and indemnify Internovations and its suppliers from any third party claim related to a breach of any of the foregoing warranties. By using the Internovations' Email Blast Service, You agree that You will defend and indemnify Internovations and its suppliers from any third party claim related to a breach of any of the foregoing warranties. LIMITATIONS ON YOUR USE OF THE Internovations' Email Blast Service The Internovations' Email Blast Service is provided to assist You with the operation of Your business. Your right to use the Internovations' Email Blast Service is limited to You, and Your company and its employees. You are solely responsible for Your content and Your Web site and Your Internovations' Email Blast Service account. Internovations reserves the right, but is not obligated, to monitor or to review materials posted on Your Web site and to monitor Your compliance with these Terms of Service and the Additional Terms. Internovations reserves the right in its sole discretion to edit, refuse to post or remove any information or materials which violate these Terms of Service or the Additional Terms in whole or in part, without notice at any time. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the Internovations' Email Blast Service, except as expressly provided herein. You may not use a name in connection with operating Your Internovations' Email Blast Service Web site that is confusing or misleading, or otherwise impersonate or deceive anyone with respect to Your identity. You may not restrict or inhibit any other user from using and enjoying such user's rights in Internovations' Email Blast Service. You may not interfere with or disrupt the Internovations' Email Blast Service or servers or any network connected to Internovations' Email Blast Service. You may not use the Internovations' Email Blast Service or the products or services provided through or in connection with the Internovations' Email Blast Service to: 1. rent, lease, license, grant a security interest in, or otherwise transfer or sublicense Your rights hereunder to any third party; 2. defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or otherwise violate or infringe the legal rights (including the rights of privacy and publicity) of any other person; 3. conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail ( including "spamming") or multi-level or illegal marketing campaigns; 4. harm minors in any way; 5. publish, post, distribute, disseminate, advertise or link to any: (i) content, site, topic, name, material or information which is illegal, inappropriate, profane, defamatory, libelous, slanderous, infringing, obscene, indecent, or which contains nudity or adult content; (ii) software, content or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless You own, or control such rights or have received all necessary consents for Your publication, distribution, or linking of such software and other materials; (iii) software, content or other material that contains viruses, worms, corrupted files, cracks or that may or are intended to damage the operation of or render inoperable another's computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs; (iv) software, content, other material or Web site that constitutes "hate speech", whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group; 6. sell, offer to sell, distribute, promote, facilitate, disseminate or link to any sites for marketing, sales, promotion, facilitation or distribution of: firearms; explosives; ammunition; liquor; tobacco products; illegal gambling (including gambling in connection with sporting events); food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; illicit drugs, pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods or services that infringe or otherwise violate a third party's rights including copyright, patent, trademark, or rights of publicity or privacy; goods that are considered indecent, obscene or pornographic; Nazi memorabilia; registered or unregistered securities; goods or services that You cannot legally sell; goods which are misrepresented or which do not in fact exist; fraudulent goods; goods, services or activities that if sold via any Internovations' Email Blast Service services or Your Web site would cause Internovations to violate any law, statute or regulation; or any other illegal activity; 7. harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties; 8. violate any applicable government laws or regulations. You may not reproduce or redistribute any Software, as that term is defined in the Section entitled "Software Available on the Internovations' Email Blast Service." You may not copy or reproduce the Software to any other server or location for further reproduction or redistribution. You may not decompile, disassemble, reverse engineer or otherwise attempt to discover any trade secret contained in the Internovations' Email Blast Service, or in any product, service or Software provided through the Internovations' Email Blast Service. The information provided by Internovations to You may be proprietary in nature. You agree not to share any information provided to You by or on behalf of Internovations with any third party. TERMS RELATED TO FEES, PRICING AND BILLING FEES Some products and services available through or in connection with Internovations' Email Blast Service require that You purchase a subscription or otherwise pay a fee. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of Your Internovations' Email Blast Service account by you or anyone else using Your account. Internovations reserves the right to modify the fees charged for Internovations' Email Blast Service products and services from time to time, provided that such new fees shall not take effect earlier than thirty (30) days after Internovations notifies You via email or otherwise of such modified fees. PRICING Prices for all Products exclude all applicable taxes and telecommunication charges, unless expressly stated otherwise. To the extent permissible by law, you agree to be responsible for any applicable taxes and telecommunication charges, whether or not such amounts are itemized on Your Online Statement or charged to Your Billing Account or Payment Method. BILLING CHARGES ON YOUR BILLING ACCOUNT Internovations bills you through an online account (Your "Billing Account") for Services. You agree to pay Internovations all charges at the prices then in effect for any Service ordered by you or other persons (including Your agents) using Your Billing Account, and you authorize Internovations to charge Your chosen payment method (Your "Payment Method") for such Services. You agree to make payment using that selected Payment Method. Internovations reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT IN ORDER TO RECEIVE THE SERVICES ORDERED. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY INTERNOVATIONS IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT HTTPS://WWW.INTERNOVATIONS.COM. IF YOU FAIL TO PROVIDE INTERNOVATIONS ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT INTERNOVATIONS MAY CONTINUE CHARGING YOU FOR ANY PRODUCT PROVIDED UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR SUCH SERVICE (CONFIRMED IN WRITING UPON REQUEST). Currency exchange settlements will be based on Your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of Your chosen Payment Method (the "Payment Method Provider"). If Internovations does not receive payment from Your Payment Method Provider, you agree to pay all amounts due on Your Billing Account upon demand. If the amount to be charged to Your Billing Account varies from the amount you preauthorized, you have the right to receive, and Internovations shall so provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with the Payment Method Provider will govern Your use of Your Payment Method. You agree that Internovations may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle. Your non-termination or continued use of the Services on Your Billing Account reaffirms that Internovations is authorized to charge Your Payment Method. Internovations may submit those charges for payment and you will be responsible for such charges. Those submissions will not waive Internovations's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially ordered the applicable Product. DEFAULT If Internovations does not receive payment for any charge to Your Billing Account, you will be in default and Internovations may suspend or cancel Your Billing Account and Your access to any or all Internovations Services. If Your Payment Method Provider seeks return of payments previously made to Internovations, but Internovations in good faith believes that you are liable for the charge and applicable law allows the Payment Method Provider to seek payment from you, you will also be in default and Internovations may cancel Your Billing Account and Your access to any or all Products. CANCELLATION OR SUSPENSION FOR DEFAULT MAY BE MADE WITHOUT PRIOR NOTICE TO YOU AND UPON SUCH CANCELLATION OR SUSPENSION, Internovations MAY STOP DELIVERY OF ANY SERVICE, AND ANY INFORMATION YOU HAVE STORED ON A Internovations SERVICE MAY NOT BE RETRIEVED AT A LATER DATE. TERMINATION, CANCELLATION OR SUSPENSION; REFUNDS Internovations may, in its discretion, terminate, cancel, or suspend an accepted order if Internovations is notified that Your Payment Method has expired or has been canceled, or if Internovations has reason to believe that any Billing Account information provided to Internovations is untrue, inaccurate, not current or incomplete. Termination, cancellation or suspension, whether by you or Internovations, will not alter Your obligation to pay all charges made to Your Billing Account before such termination, cancellation or suspension (including charges made after termination by you but before Internovations could reasonably act on Your termination notice ). Subject to any withdrawal right you may have under applicable law, You will not be entitled to any refunds upon termination, cancellation or suspension unless these Terms of Service or the cancellation policy on the cancellation policy page of the Internovations' Email Blast Service website expressly so provides. If You notify Internovations by phone or in writing that You are canceling one or more Internovations' Email Blast Service services or products, fees pre-paid by You to Internovations for Internovations' Email Blast Service products or services will be credited back to Your applicable credit card in accordance with our cancellation policy Internovations is not required to refund directly to You any amounts paid hereunder. In the event that Internovations terminates Your Internovations' Email Blast Service account or one or more of Your Internovations' Email Blast Service services for violation of these Terms of Service or the Additional Terms, You will not be entitled to the return of any fees paid with respect to any such terminated account service. Except as otherwise required by law, the costs of any returns if permitted will be at Your expense. GENERAL You represent and warrant that you are an individual (or in the case of an entity, an agent of the entity) authorized to use the designated Payment Method. You agree to pay for all charges (including charges by other persons) and to comply with Your responsibilities and obligations as stated in these Terms of Service. If you are an agent of an entity user, you represent and warrant that you are duly authorized to legally bind the entity to all terms and conditions of these Terms of Service and that you have made the entity aware of them. You agree not to assign, transfer or sublicense any rights in Your Billing Account. CANCELLATION POLICY You acknowledge that if You cancel any subscriptions to a Internovations' Email Blast Service service that You may not be entitled to a refund of all or part of amounts already paid by You for such Internovations' Email Blast Service subscription. CHANGES TO SERVICES, TERMINATION BY Internovations may change any of the Internovations' Email Blast Service services at any time and from time to time without notice, including terminating the offering of any Internovations' Email Blast Service service altogether. Internovations may terminate Your account, Your access to Internovations' Email Blast Service or any of Your Internovations' Email Blast Service services (in whole or in part) at any time, with or without cause, and with or without notice. You may be barred from accessing any of Your Internovations' Email Blast Service services or from using the Internovations' Email Blast Service or from receiving any products, services or benefits from Internovations' Email Blast Service, if Internovations determines You have violated these Terms of Service or any Additional Terms, if You have failed to remit any applicable subscription fees when due, if any representation or warranty made by You is untrue in any respect or if Internovations receives a court order or other legal action relating to Your account. In addition, if You violate any of these Terms of Service, or any applicable Additional Terms You will forfeit all in-kind credits and any other amounts accruing to You (if any) in connection with the Internovations' Email Blast Service and there will be no refund of any fees prepaid by You. If You subscribe to a Internovations' Email Blast Service service which is made up of two or more individual services and You violate the Terms of Service applicable to one of such individual services, (1) Your use of the particular individual service will be terminated, but the remaining services will remain active. LINKS TO THIRD PARTY SITES Links within the Internovations' Email Blast Service may let You leave the Internovations' Email Blast Service. You acknowledge that the linked sites are not under the control of Internovations and that Internovations is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or Web casting or any other form of transmission received from any linked site. Internovations is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Internovations of the linked site or any association with their operators. LICENSE YOU GRANT TO Internovations' Email Blast Service Internovations does not claim ownership of the materials You provide to Internovations (including feedback and suggestions) or that You post, upload, input or submit in connection with Your use of Internovations' Email Blast Service or any Web site ("Your Web Site") created by You or on Your behalf in connection with the use of Internovations' Email Blast Service (collectively "Submissions"). Internovations is under no obligation to post or use any materials You may provide, and may remove such materials at any time in Internovations's sole discretion. By posting messages, uploading files (including graphics), inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the Internovations' Email Blast Service, You represent and warrant that You own or otherwise control the rights necessary to do so and to grant Internovations the license set forth above, and You will defend and indemnify Internovations and its suppliers from any third party claim related to a breach of any of the foregoing representations or warranties. LIMITATIONS OF LIABILITY AND DISCLAIMERS The information, software, products, services and other material included in or available through the Internovations' Email Blast Service may not be complete, and may include inaccuracies or errors, and may also be modified, discontinued or deleted from time to time without notice. Advice, information, products, services or other materials received via the Internovations' Email Blast Service should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that You should consult an appropriate professional for specific advice tailored to Your situation. Your access to and use of the Internovations' Email Blast Service, and products and services of Internovations' Email Blast Service, is at Your own risk. Internovations makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the Internovations' Email Blast Service, or such products or services. Without limiting the foregoing, NEITHER Internovations NOR ITS RESPECTIVE SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN Internovations' Email Blast Service FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Internovations AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL Internovations OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION: * DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF Internovations' Email Blast Service OR RELATED SERVICES, OR * WITH THE DELAY OR INABILITY TO USE Internovations' Email Blast Service OR RELATED SERVICES; * THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH Internovations' Email Blast Service; OR * OTHERWISE ARISING OUT OF THE USE OF Internovations' Email Blast Service, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Internovations OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF Internovations' Email Blast Service, OR WITH ANY OF THESE TERMS OF SERVICE OR THE ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Internovations' Email Blast Service AND ITS RELATED SERVICES AND PRODUCTS. Without limiting the foregoing, Internovations is not responsible for any of Your data residing on Internovations and Internovations' Email Blast Service hardware or systems, including such hardware or systems provided to Internovations by third parties. You are responsible for maintaining and backing-up Your data and information that may reside on the Internovations or Internovations' Email Blast Service hardware or systems, including such hardware or systems provided to Internovations by third parties, whether or not such information is produced through the use of Internovations' Email Blast Service, including any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of the Internovations' Email Blast Service. It is Your responsibility to take the necessary steps to ensure Your primary means of business is maintained. Internovations will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out of or otherwise related to: (a) Your use of the Internovations' Email Blast Service, its services or products; (b) Your customers' use of Your Web site hosted by or created through Internovations' Email Blast Service and Your products and services; (c) use of the Internovations' Email Blast Service by any other party to whom You have given access to Your company information for use of the Internovations' Email Blast Service; (d) errors, bugs or other defects in the Internovations' Email Blast Service; (e) lost company, customer or vendor information (e.g., billing information, credit card numbers, lost orders, etc.); (f) illegal or criminal activities, including but not limited to reliance on any information obtained on the Internovations' Email Blast Service Web Hosting service; or (g) or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Internovations's records, programs or services. You are solely responsible for maintaining and backing-up any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of the Internovations' Email Blast Service. Internovations is not liable for Your actions with Your customers or vendors, or the use of their information, or for any other actions arising from Your use, or the use of other parties to whom You have given access to Your Internovations' Email Blasting Service information, through the use of the Internovations' Email Blasting Service. Internovations is not involved in any transaction between You and Your buyer or seller or other third parties with whom you may have transactions through Your Web site or between You and any user of any products or services offered or provided by You or by a third party through the Internovations' Email Blast Service. Internovations is not responsible for screening, censoring or otherwise controlling Your Web Site, or any listings or transactions offered or conducted via Your Web Site. You are deemed to have a direct commercial relationship with each third party that purchases goods or services from or undertakes any other transaction with You via Your Web site or through Internovations' Email Blast Service. Internovations is not acting as Your or any third party's agent in connection with the operation of Internovations' Email Blast Service. You are solely responsible for: (a) processing customer orders or other transactions; (b) verifying the validity of incoming customer orders before finalizing the order; (c) informing customers of the status of such orders or transactions; (d) providing all customer support related to such orders or transactions (e.g., lost orders, billing disputes, payments, etc.); and, (e) determining, collecting and remitting to the appropriate authority all taxes (if any) arising from or related to such orders or transactions. Further, because Internovations is not involved in any orders or other transactions between You and other users of Internovations' Email Blast Service or other marketplace forums, Internovations cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transactions or the purchase or sale of listed goods or otherwise. Unless otherwise expressly stated in these Terms of Service, Your payments for orders or transactions conducted via Your Web Site or on any Internovations' Email Blast Service service will be paid to You directly from Your designated acquiring bank, customers or other appropriate source ("payor"). Internovations is not responsible for such payment, and will have no liability for any lost, disputed or fraudulent payment or tenders of payment, or other disputes arising between You and customers or payors. Internovations makes no guarantee about the reliability or accuracy of these products or services, or the results obtained from using Internovations' Email Blast Service. INDEMNITY You agree to defend, indemnify and hold Internovations and its suppliers harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from Your violation of these Terms of Service (including, without limitation, violation of applicable Additional Terms), or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of Your relationship with Internovations or Your use of Internovations' Email Blast Service. ACCESS RESTRICTION; ACCOUNT SECURITY AND PASSWORDS Internovations reserves the right to deny in its sole discretion any user access to Internovations' Email Blast Service or any portion thereof without notice. You are responsible for safeguarding the confidentiality of Your account information (including password(s) and user name(s) issued to You) and for any use or misuse of Your account or the Internovations' Email Blast Service resulting from any third party using a password or user name issued to You. You agree to notify Internovations immediately of any known or suspected unauthorized access to or use of Your account, Your password, the password of any individual user to whom You have issued a login ID or any other breach of security or misuse of the Internovations' Email Blast Service known to or suspected by You. You may change Your password at any time by following instructions on the Internovations' Email Blast Service Web site. You hereby authorize Internovations to rely on any data, notice, instruction or request furnished by You to Internovations, or that Internovations reasonably believes to have been furnished by You. You are solely responsible for maintaining the confidentiality of Your account information and monitoring usage of Your account. Internovations is not responsible for fraud of participants or of other users of Your account. YOUR CUSTOMER DATA Internovations' Email Blast Service will only use Your customer data in accordance with our privacy policy. GENERAL You have made this agreement with Internovations LLC, these Terms of Service and the Additional Terms are governed by the laws of the State of California, U.S.A. You agree that no joint venture, partnership, employment, or agency relationship exists between You and Internovations as a result of these Terms or Service or use of Internovations' Email Blast Service. Internovations's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service are in derogation of Internovations's right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Internovations' Email Blast Service or information provided to or gathered by Internovations with respect to such use. If any part of these Terms of Service or the Additional Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 these Terms of Service and the Additional Terms shall continue in effect. Unless otherwise specified herein, these Terms of Service, the Additional Terms and the Privacy Statement constitute the entire agreement between the user and Internovations with respect to the Internovations' Email Blast Service and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Internovations with respect to the Internovations' Email Blast Service. The example companies, organizations, products, people and events depicted within Internovations' Email Blast Service are fictitious. No association with any real company, organizations, product, person or event is intended or should be inferred. Internovations is not obligated to monitor the content on Internovations' Email Blast Service. Internovations reserves the right to disclose any information, content, or materials as necessary to satisfy any applicable law, regulation, legal process or government request or in accordance with Internovations's Privacy Statement. Internovations reserves the right to edit, refuse to post or to remove any information, content, or materials, in whole or in part, from the Internovations' Email Blast Service Web sites, in Internovations's sole discretion, without notice at any time. Any rights not expressly granted herein are reserved by Internovations, including all legal and equitable remedies available to Internovations or violation of any of these Terms of Service. COPYRIGHT AND TRADEMARK NOTICES All contents of the Internovations' Email Blast Service are: Copyright (c) 1998 - 2005 Internovations, LLC. TRADEMARKS Internovations' Email Blast Service is either a trademark or registered trademark of Internovations LLC. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved by Internovations. Updated: June ,2004
