Draze Mail Terms of Service
|Please read the following
You must accept the agreement to be able to use Draze Mail.
Draze Mail is provided free of charge to registered users (each, a "User")
COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "REGISTER" BUTTON,
THE APPLICABLE PROVISIONS OF THE 2TROM TERMS OF SERVICE INCLUDING BUT NOT
NOTICES AND ANY OTHER DOCUMENTS AVAILABLE ON OR THROUGH
AND SEPARATELY REFERRED TO AS THE "2TROM TERMS OF SERVICE").
- Registration Information
Any use of Users' information by 2TROM Inc. is subject to the 2TROM
here. 2TROM Inc.
reserves the right to take any action, in its sole discretion, for
terminating any User's account, without any notice, if 2TROM Inc. learns
that such User has provided false or misleading registration information.
- Children Under 13
Please note that Draze Mail as well as the 2TROM Web site, network,
system, software, service, servers, various directories and listings,
various message and news boards, tools, information and databases, are NOT
FOR USE BY CHILDREN UNDER 13 YEARS OF AGE. If it comes to 2TROM Inc.'s
attention through reliable means that a registered user is a child under
13 years of age, 2TROM Inc. will cancel that user's account.
discretion. You agree that your use of Draze Mail, for a period of 30 days
after a notice of such change has been provided on the 2TROM network or
Web site for the first time, shall constitute your consent to the new or
- Modifications of Draze Mail
2TROM Inc. may modify, alter, change or discontinue User's account with or
without notice, for any reason whatsoever, as 2TROM Inc. deems necessary,
with respect to any User, without liability to any User or any third
- Contents of Messages
2TROM Inc. cannot and does not, monitor, censor or edit the contents of
Users' email messages. Users alone are responsible for the contents of
their messages, and the consequences of any such messages. 2TROM Inc. does
not assume any responsibility or liability for messages or other content
that is provided by Users or anyone else. You may only use Draze Mail for
legal purposes and you may not use Draze Mail in any way whatsoever that
could constitute a criminal offense, give rise to civil liability or
otherwise violate any applicable law or regulation. For example, you may
not use Draze Mail to send, post, distribute or disseminate any
defamatory, obscene, or otherwise unlawful messages, material or
information, including another person's proprietary information (including
trademarks, trade secrets, or copyrighted information) without express
authorization from the rights holder. Additionally, you may not use Draze
Mail to collect or harvest personal information, including Internet
addresses, about other Users of Draze Mail or use Draze Mail to send any
messages or material that are harassing, offensive, racially offensive,
discriminating, abusive, threatening, harmful, embarrassing, vulgar, cause
distress or otherwise objectionable. User may use Draze Mail for private
personal purposes only and will not use Draze Mail for advertising, chain
letters, junk mail, "spamming", solicitations (commercial or
non-commercial) any other type of unsolicited emailing (whether commercial
or informational) or any use of distribution lists. User further agrees
not to send or deliver viruses, Trojan horses or other harmful,
disruptive, or destructive files. 2TROM Inc. reserves the right to
terminate any User's account if 2TROM Inc. becomes aware and determines,
in its sole discretion, that such User is violating any of the foregoing
guidelines. It is 2TROM Inc.'s policy to respect the privacy of its Users,
but User agrees that this agreement does not create a reasonable
expectation of privacy in the context of User's email communications.
2TROM Inc. will cooperate with law enforcement and other legal authorities
in investigating claims of illegal activity. In addition, User may not use
or attempt to use another person's or entity's account, service or system
without authorization from the owner, nor will User interfere with the
security of, or otherwise abuse, Draze Mail service, system resources or
accounts, or any network or another User's use or enjoyment of the mail
services. No User may forge header or address information. 2TROM Inc.
reserves the right, but is not obligated to employ, blocking or filtering
software or other monitoring devices or techniques if deemed necessary or
reasonable to detect or protect spam with respect to electronic
communications received by Users from other entities.
- Account and Password
User is responsible for maintaining the confidentiality of his account
number and password. User shall be responsible for all uses of his/her
account, whether or not authorized by User. User agrees to immediately
notify 2TROM Inc. of any unauthorized use of his/her account.
- Disclaimer of Warranties
USER EXPRESSLY AGREES THAT USE OF Draze Mail OR ANY PART THEREOF IS AT
USER'S SOLE RISK. Draze Mail IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. 2TROM INC. DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, 2TROM INC. DOES NOT MAKE ANY WARRANTY THAT Draze Mail WILL MEET
USER'S REQUIREMENTS, OR THAT Draze Mail WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE; NOR DOES 2TROM INC. MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF Draze Mail OR AS TO THE
ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED BY OR THROUGH Draze
Mail. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF Draze Mail IS AT USER'S OWN
DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
OBTAINING SUCH MATERIAL AND/OR DATA. 2TROM INC. DOES NOT MAKE ANY WARRANTY
REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED ON OR THROUGH Draze
Mail OR ANY TRANSACTIONS ENTERED INTO ON OR THROUGH Draze Mail. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM 2TROM INC.
OR THROUGH Draze Mail SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL 2TROM INC. BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE
USE OR THE INABILITY TO USE Draze Mail OR FOR THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON
OR THROUGH Draze Mail OR RESULTING FROM UNAUTHORIZED ACCESS TO OR
ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF 2TROM
INC. AND/OR ANY THIRD PARTY WHO MAY OPERATE Draze Mail ON 2TROM'S BEHALF
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Email Message Storage
2TROM Inc. will not assume any responsibility for the deletion or failure
to store email messages for any reason whatsoever, including whether
inadvertent or through 2TROM Inc.'s negligence
- Promotional Messages
2TROM Inc. and/or third parties may, from time to time, send email
messages to Users containing advertisements, promotions, etc. 2TROM Inc.
does not, and will not, make any representation or warranty with respect
to the content of any such email messages or any goods or services which
may be obtained from such third parties, and User agrees that 2TROM Inc.
shall have no liability with respect thereto.
User agrees to defend, indemnify and hold 2TROM Inc., its parents,
subsidiaries, affiliates, officers and employees, its suppliers and their
respective affiliates and agents, harmless from any claim or demand,
including attorneys' fees, made by any third party due to or arising out
or the infringement by User, or any other user of User's account, of any
intellectual property or other right of any person or entity.
(1) 2TROM Inc. reserves the right and the sole discretion to (A) make
improvements, corrections, adaptations, conversions and/or any other
change in Draze Mail and to any part thereof and/or to a revised or new
time, temporarily or permanently, Draze Mail or any part thereof, to all
Users or any number thereof including without limitation, at any time,
without notice, for any reason or no reason; (C) Establish a new operating
and usage policy for Draze Mail and change it at any time for any reason
or no reason; (2) Nothing contained in this document shall be construed to
limit action 2TROM Inc. may take or remedies available to it in any way
with respect to any prohibited activity or conduct. 2TROM Inc. reserves
the right to take any additional actions it may consider appropriate with
respect to such activity or conduct, including without limitation taking
action to recover costs and expenses of identifying offenders and removing
them from 2TROM Inc's network or systems, and levying cancellation charges
to cover costs in the event of disconnection for the causes outlined in
this agreement. In addition, 2TROM Inc. reserves the right to charge
and/or sue for damages (including damage to software, hardware and other
equipment and the time and expense incurred in repairing such damage) if
any harm is done to its network or equipment which requires repair or
reconfiguration of any kind. (3) Non-enforcement of any term of this
agreement does not constitute consent or waiver, and 2TROM Inc. reserves
the right to enforce such term at its sole discretion. (4 ) Any reference
made in this document to 2TROM Inc. shall be deemed to have been made to
2TROM Inc., its subsidiaries, successors, assignees, affiliates as well as
any company that controls 2TROM Inc., directly or indirectly, and any
sets forth your entire agreement with 2TROM Inc. concerning Draze Mail.
confer any rights or remedies upon any person other than the parties to
invalid or unenforceable, that portion shall be construed in a manner
consistent with applicable law to reflect, as nearly as possible, the
original intentions of the parties, and the remaining portions shall
remain in full force and effect.
- Applicable Law
This Agreement and the Terms of Service shall be governed by and construed
in accordance with the laws of the Commonwealth of Pennsylvania, excluding
its conflicts-of-law rules. Please note that your use of the 2TROM
Services may be subject to other local, state, national, and international
laws. You expressly agree that exclusive jurisdiction for any claim or
dispute with 2TROM or relating in any way to your use of the 2TROM
Services resides in the courts of Pennsylvania and you further agree and
expressly consent to the exercise of personal jurisdiction in the courts
of Pennsylvania in connection with any such dispute including any claim
involving 2TROM or its affiliates, subsidiaries, employees, contractors,
officers, directors, telecommunication providers and content providers.
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