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Note:
All users are bound by these terms of service.
Myecities.com.
("My E Cities.com") agrees to provide you ("User")
with those services ("Service") set forth to subject to User's
compliance with the terms and conditions below.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE.
BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU
MAY NOT ACCESS OR USE THE SERVICE.
Warranty Disclaimer
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY
IS EXPRESSED OR IMPLIED.
My E Cities.com exercises no control whatsoever over the content of the
information passing through My E Cities.com's system. Use of any information
obtained via My E Cities.com is at User's risk.
NO ADVICE OR INFORMATION GIVEN BY My E Cities.com, ITS AFFILIATES, ITS
LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE
A WARRANTY.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL My E Cities.com, ITS AFFILIATES, ITS LICENSERS,
ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT
RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR
TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE
OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE,
OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES,
ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF
CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT
My E Cities.com IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS
OF THIS AGREEMENT, My E Cities.com'S LIABILITY SHALL BE LIMITED TO THE
UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE
CURRENT TERM.
If User is dissatisfied with the Service or with any terms, conditions,
rules, policies, guidelines or practices of My E Cities.com in operating
the Service, User's sole and exclusive remedy is to discontinue using
the Service.
Indemnification
Notwithstanding anything to the contrary herein contained, User agrees
to indemnify and hold My E Cities.com, its affiliates, its licensers,
its contractors or their respective employees harmless against any and
all liability, loss, claim, judgment, damage and expense including without
limitation attorney's fees and cost of litigation) incurred or suffered
by My E Cities.com, its licensers, its affiliates, its contractors, or
their respective employees as the result of any and all use of User's
account whether authorized or not authorized or as a result of the negligence,
willful misconduct, or breach of any of the terms of this Agreement by
User, including but not limited to claims, liabilities, losses, damage,
judgment and expense which arise out of alleged injury or death of any
person or damage to property of every kind and description. User shall
promptly notify My E Cities.com in writing of any claim of which it is
obligated under this indemnity. User shall have the right to assume the
defense of any such claim. User and My E Cities.com shall confer as to
and agree on the legal counsel(s) to be selected in any such defense.
Age Limit
User represents to My E Cities.com that he or she is 18 years of age or
older. User understands that certain materials available from Service
provided under the terms of this Agreement may not be suitable for individuals
under the age of 18.
Sexually Explicit Materials
User understands that the Internet contains unedited materials some of
which are sexually explicit or may be offensive. User accesses such materials
at his or her own risk. My E Cities.com has no control over and accepts
no responsibility whatsoever for such materials.
Prohibited Uses
User may not:
post or transmit any unlawful, threatening, abusive, libelous, defamatory,
obscene, pornographic, profane, or otherwise objectionable information
of any kind, including without limitation any transmissions constituting
or encouraging conduct that would constitute a criminal offense, give
rise to civil liability, or otherwise violate any local, state, national
or international law, including without limitation the U.S. export control
laws and regulations;
post on webspace provided any sexually explicit materials or materials
that may be offensive.
post or transmit any information or software which contains a virus, cancelbot,
trojan horse, worm or other harmful component;
post, publish, transmit, reproduce, distribute or in any way exploit any
information, software or other material obtained through the Service for
commercial purposes (other than as expressly permitted by the provider
of such information, software or other material);
upload, post, publish, transmit, reproduce, or distribute in any way,
information, software or other material obtained through the Service which
is protected by copyright, or other proprietary right, or derivative works
with respect thereto, without obtaining permission of the copyright owner
or rightholder;
upload, post, publish, transmit, reproduce, transmit or distribute in
any way any component of the Service itself or derivative works with respect
thereto;
send unsolicited advertising or promotional materials to other users (See
section titled "MESSAGING");
allow users to run Maillist, Listserv or any form of auto-responds from
User's account;
violate the security of any computer network, crack passwords or security
encryption codes, transfer or store illegal material including that deemed
threatening or obscene, or engage in any kind or illegal activity;
My E Cities.com has no obligation to monitor the Service. However, User
agrees that My E Cities.com has the right to monitor the Service electronically
from time to time and to disclose any information as may be necessary
to satisfy any law, regulation or other governmental request, to operate
the Service properly, or to protect itself or its subscribers. My E Cities.com
will not intentionally monitor or disclose any private E-mail message
unless required by law. My E Cities.com reserves the right to refuse to
post or to remove any information or materials, in whole or in part, that,
in its sole and absolute discretion, are unacceptable, undesirable, or
in violation of this Agreement. My E Cities.com reserves the right to
suspend access to the Service for User's account. The account's suspension
may be rescinded within the sole and absolute discretion of My E Cities.com.
Messaging
User agrees to limit their use of the My E Cities.com service, specifically
regarding the use of My E Cities.com's electronic (email) services, to
the following restrictions:
Unauthorized Use of Relay Servers
User agrees that any unauthorized use of any email server located throughout
the Internet for the purposes of relaying or distributing messages is
prohibited.
Fraudulent Addressing
User agrees that the purposeful distribution of any email message where
the return address, originator's address, or any other identifiable aspect
of the message has been purposefully altered, is prohibited. User may
not purposefully misrepresent the origination information of any email
messages sent while using the My E Cities.com service.
Fraudulent Content
User agrees to be held responsible for the distribution of fraudulent
materials.
VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF
SERVICES. FURTHERMORE, VIOLATION OF ANY OF THESE TERMS, RELATING TO THE
TERMS DESCRIBED WITHIN THIS "MESSAGING" SECTION OF THIS DOCUMENT,
WILL RESULT IN THE IMMEDIATE PENALTY OF $200. My E Cities.com RESERVES
THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT
OF My E Cities.com SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION OF THESE
TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR My E Cities.com SERVICE VIA
CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, My E Cities.com RESERVES
THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR THE ONE-TIME FEE OF
$200 PER VIOLATION OF THESE TERMS. USER ALSO AGREES TO THE IMMEDIATE TERMINATION
OF My E Cities.com SERVICES FOR VIOLATION OF ANY OF THESE TERMS.
Limitation of Web Hosting Services
Although My E Cities.com advertises "Unlimited Bandwidth" in
regards to some of its services there are several limitations applied.
The sole purpose of these limitations are intended of unncessary use of
My E Cities.com services by any such User, which restricts system availability
for other such Users. These limitations apply only to Hosting offered
by My E Cities.com.
Restricted Content
You agree not to post any of the following restricted contents: Illegal,
Abusive or Unethical Activities include, but are not limited to, pornography,
obscenity, nudity, violations of privacy, hacking, computer virus, gambling,
or promotion of gambling, and any harassing or harmful materials or uses,
as determined by us. You agree to indemnify and hold us harmless from
any claim resulting from your publications or use of Illegal, Abusive
or Unethical materials.
Bandwidth Restrictions
Although we advertise unlimited bandwidth, we reserve the right to inform
you that you must transfer your website if an excessive amount of bandwidth
is being used. If the request is not met within 5 days, we do reserve
the right to remove the website from our system.
My E Cities.com reserves the right to change prices at any time without
prior notice to it's customers or the public. Price changes will not be
retroactive for existing customers, regardless of the length of their
existing service subscription.
Right to Cancel
My E Cities.com reserves the right to cancel Service for any reason without
prior notice. Pre-paid service is non-refundable. My E Cities.com will
not refund any shipping or handling fees. Cancellations after the first
of the month will be charged for that month.
User must notify My E Cities.com via telephone or in writing to cancel
Service. Cancellations shall not be honored by electronic mail. Fees for
any setup, shipping and handling, and monthly service charges placed by
My E Cities.com are non-refundable.
No Confidentiality
Information transmitted through My E Cities.com and through the Internet
in general is not confidential. My E Cities.com can not and shall not
guarantee privacy or protection of any User. My E Cities.com reserves
the right to monitor any User's transmissions when deemed necessary for
providing proper service and/or to protect the rights and property of
My E Cities.com.
Customer Information
Unless required by court order, subpoena or other legal request, or upon
the advice of counsel, My E Cities.com may publish User's name and other
consumer information in one or more directories which may be accessed
by other Internet users. In addition, unless User notifies My E Cities.com
to the contrary as provided above, My E Cities.com may make such information
available to third parties from time to time. User understands further
that merchants on the Internet may have access to such information and
may make it available to third parties in accordance with their normal
practices unless User notifies those merchants directly that User does
not wish such information to be made available.
Non-transferable
The right to use the Service is not transferable. Accounts are for User's
use only. User shall be responsible for the confidentiality of User's
password. Violation of those terms shall constitute theft of Service and
may be prosecuted under civil and criminal law.
Purchases on the Service
If User wishes to make purchases on the Service, User may be asked by
the merchant or information or service provider from whom User is making
the purchase to supply certain information, including credit card or other
payment mechanism information. User agrees that all information User may
provide any merchant or information or service provider on the Service
for purposes of making purchases shall be accurate, complete and current.
The merchants and information and service providers offering merchandise,
information and services on the Service set their own prices and may change
prices or institute new prices at any time. User agrees to pay all charges
incurred by users of User's account and credit card or other payment mechanism
at the prices in effect when such charges are incurred. User shall also
be responsible for paying any applicable taxes relating to purchases on
the Service.
Rush
Orders
A Rush Order puts the buyer in front of the waiting line and does not
guarantee delivery within a specified time. During the Holiday Seasons
and depending on the shipping method chosen by the buyer delivery can
take longer on items than expected. My E Cities can not be held liable
for delivery time of Rush Order merchandise whether it is an in stock
item or from a supplier. The consumer purchases a Rush Order at their
own request and shall not hold My E Cities liable for any extra time that
the buyer feels that the order should have arrived.
No System Backup
My E Cities.com does not and will not perform system backups on any User's
E-mail account(s). My E Cities.com shall not be held responsible for any
lost E-mail data, email attachments, or any E-mail message contents, regardless
of the reasoning for data loss or system causes. Except as otherwise set
forth herein, My E Cities.com will not provide historical data, to any
party for any reason, regarding any system or Internet activity.
My E Cities.com does not and will not perform system backups on any web
sites. My E Cities.com shall not be held responsible for any lost web
data, web files, or any website contents, regardless of the reasoning
for data loss or system causes. Except as otherwise set forth herein,
My E Cities.com will not provide historical data, to any party for any
reason, regarding any system or Internet activity.
Failure to Comply With Terms and Conditions
My E Cities.com may deny User access to all or part of the Service without
notice if User engages in any conduct or activities that My E Cities.com
in its sole discretion believes violates any of the terms and conditions
in this Agreement. If My E Cities.com denies User access to the Service
because of such a violation, User shall not have the right:
(1) to access through My E Cities.com any materials stored on the Internet,
(2) to obtain any credit(s) otherwise due to User, and such credit(s)
shall be forfeited, (3) to access third party services, merchandise or
information on the Internet through My E Cities.com, and My E Cities.com
shall have no responsibility to notify any third-party providers of services,
merchandise or information nor any responsibility for any consequences
resulting from lack of notification.
Miscellaneous
User agrees to notify My E Cities.com if User moves or otherwise changes
his or her mailing address or phone number, and to list a truthful name,
postal address and telephone number on the forms User supplies to My E
Cities.com.
In the event that any portion of this Agreement is held to be unenforceable,
the unenforceable portion shall be construed in accordance with applicable
law as nearly as possible to reflect the original intentions of the parties
and the remainder of the provisions shall remain in full force and effect.
My E Cities.com's failure to insist upon or enforce strict performance
of any provisions of this Agreement shall not be construed as a waiver
of any provision or right. neither the course of conduct between parties
nor trade practice shall act to modify any provision of this Agreement.
My E Cities.com may modify this Agreement from time to time by placing
a notice of such modification on our website, and User's continued use
of the Service following notice of such modification shall be deemed to
be User's acceptance of any such modification. It is User's responsibility
to check this online area regularly to determine whether this Agreement
has been modified. If User does not agree to any modification of this
Agreement, User must immediately stop using the Service.
This Agreement shall be governed by and construed in accordance with the
laws of the State of Illinois without regard to its conflicts of law provisions.
Any cause of action User may have with respect to the Service must be
commenced within one (1) year after the claim or cause of action arises
or such claim or cause of action is barred.
My E Cities.com shall not be liable or deemed to be in default for any
delay or failure in performance under this Agreement or interruption of
service resulting directly or indirectly from acts of God, civil or military
authority, acts of public enemy, war, riots, civil disturbances, insurrections,
accidents, dire, explosions, earthquakes, floods, the elements, strikes,
labor disputes, shortages of suitable parts, materials, labor or transportation
or any cause beyond the reasonable control of My E Cities.com.
Venue for litigation of any dispute, controversy, or claim arising out
of, in connection with, or in relation to this Agreement, or the breach
thereof, naming My E Cities.com as the defendant, shall be proper only
in a venue determined by My E Cities.com.
In any action between My E Cities.com and User to enforce any of the terms
of this Agreement, My E Cities.com shall be entitled to recover expenses,
including reasonable attorney's fees.
This agreement constitutes the entire agreement between user and My E
Cities.com with respect to the service.
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