E-CARDS TERMS OF SERVICE

NOTICES

This is to notify you that by sending an E-Card you thereby agreeing to both these NOTICE terms and the the more exstensive terms listed in the EXTENDED TERMS OF SERVICE below.

  1. E-Cards User will not use the service 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.
  2. E-Cards User will not transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
  3. E-Cards User agrees not to use the service for illegal purposes.
  4. E-Cards User recognizes and accepts that E-Cards is not intended to be an Anonymous Email Service. Every E-Card sent includes the IP (Internet Protocol) address from which the login session originated. With this header information, the source of a message can be narrowed dramatically (often directly to your computer). This is done for the protection of E-Cards recipients.

To report a violation of the E-Cards Rules and Regulations, please e-mail us through our "Abuse Report Form".


E-Cards USE OF USER E-MAIL ADDRESSES:

E-Cards does not sell or distribute the e-mail addresses of anyone using our system. The only time E-Cards will intentionally release information concerning a User's communications is to:

  1. help users or recipients send or pickup their E-Cards;
  2. conform to the edicts of the law or comply with legal process served on E-Cards;
  3. protect and defend the rights or property of E-Cards; or
  4. act under exigent circumstances to protect the personal safety of its Users or the public.

EXTENDED TERMS OF SERVICE

1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE

The E-Cards Service ("Service"), owned and operated by and E-Cards ("E-Cards"), is provided to you under the terms and conditions of this E-Cards Terms of Service (ETS) and any operating rules or policies that may be published by E-Cards. The ETS comprises the entire agreement between User and E-Cards and supersedes all prior agreements between the parties regarding the subject matter contained herein. By sending an E-Cards and clicking on the "Send" button, you are indicating your agreement to be bound by all of the terms and conditions of the ETS.

2. DESCRIPTION OF SERVICE

E-Cards is providing User with a capability to send electronic mail via the World Wide Web and on E-Cards' own system. User must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2)provide for own access to the World Wide Web and pay any telephone service fees associated with such access.

In consideration for this Service, User agrees to: (1) provide certain current, complete, and accurate information about User as prompted to do so by the Service.

If any information provided by User is incomplete or inaccurate, E-Cards retains the right to terminate User's rights to use the Service.

3. MODIFICATIONS TO TERMS OF SERVICE

E-Cards may change the terms and conditions of the ETS from time to time. The changes may be seen by reviewing this document before sending a E-Card.

User's continued use of the Service constitutes an affirmative: (1) acknowledgment by User of the ETS and its modifications; and (2) agreement by User to abide and be bound by the ETS and its modifications.

4. MODIFICATIONS TO SERVICE

E-Cards reserves the right to modify or discontinue the Service with or without notice to User. E-Cards shall not be liable to User or any third party should E-Cards exercise its right to modify or discontinue the Service.

5. PRIVACY POLICY

It is E-Cards's policy to respect the privacy of its Users. Therefore, E-Cards will not monitor, edit, or disclose the contents of a User's private communications unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on E-Cards; (2) protect and defend the rights or property of E-Cards; (3) act under exigent circumstances to protect the personal safety of its Users or the public (4) to help senders and recipients with their E-Cards comunications.

User acknowledges and agrees that E-Cards neither endorses the contents of any User communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.

User acknowledges and agrees that certain technical processing of email messages and their content may be required to: (1) send and receive messages; (2) conform to connecting networks' technical requirements; (3) conform to the limitations of the Service; or (4) conform to other similar requirements.

USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS" AND & "AS AVAILABLE" BASIS.

E-Cards EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

E-Cards MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES E-Cards MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE 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 THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

E-Cards MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM E-Cards OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

8. LIMITATION OF LIABILITY

E-Cards SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE 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 E-Cards HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. NO RESALE OR COMMERCIAL USE OF THE SERVICE

User agrees not to resell the Service. Commercial use of the Service that is compliant with this Terms of Service agreement is permitted.

10. E-Cards MESSAGE STORAGE

E-Cards assumes no responsibility for the deletion or failure to store e-cards messages.

11. OTHER LIMITATIONS

E-Cards retains the right, at E-Cards's sole discretion, to determine whether or not User's conduct is consistent with the letter and spirit of the ETS and may terminate Service if a User's conduct is found to be inconsistent with the ETS.

12. User CONDUCT

User is solely responsible for the contents of his or her transmissions through the Service. User's use of the Service is subject to all applicable local, state, national and international laws and regulations.

User agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service.

The Service makes use of the Internet to send and receive certain messages; therefore, User's conduct is subject to Internet regulations, policies and procedures. User will not use the Service or any mailbox on the Service for chain letters, unsolicited e-mail, or any use of electronic mailing to any person who has not given specific permission to be included in such a process.

User agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. User further agrees 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. Attempts to gain unauthorized access to other computer systems are prohibited.

User shall not interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services.

E-Cards may, at its sole discretion, immediately terminate Service should User's conduct fail to conform with these terms and conditions of the ETS.

13. INDEMNIFICATION

User agrees to indemnify and hold E-Cards, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, the violation of this ETS by User, or the infringement by User, or other user of the Service using User's computer, of any intellectual property or other right of any person or entity.

14. TERMINATION

E-Cards offers free e-mail service to all registered users so long as E-Cards offers a free e-mail service. E-Cards reserves the right to terminate the Service with or without cause at any time and effective immediately. E-Cards shall not be liable to User or any third party for termination of Service.

Should User object to any terms and conditions of the ETS or any subsequent modifications thereto or become dissatisfied with the Service in any way, User's only recourse is to immediately: (1) discontinue use of the Service.

Upon termination of the Service, User's right to use the Service and Software immediately ceases.

15. NOTICE

All notices to a party shall be in writing and shall be made either via email or conventional mail. E-Cards may broadcast notices or messages through the Service to inform User of changes to the ETS, the Service, or other matters of importance; such broadcasts shall constitute notice to User.

16. PARTICIPATION IN PROMOTIONS OF ADVERTISERS

User may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding User and the Advertiser. E-Cards assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.

17. PROPRIETARY RIGHTS TO CONTENT

User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to User by the Service "Content" by E-Cards or E-Cards's Advertisers, or E-Cards affiliated Artists, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, User is only permitted to use this Content as expressly authorized by the Service, Artist or the Advertiser. User may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service, Artist or the Advertiser.

18. LAWS

The ETS shall be governed by and construed in accordance with the laws of the state of California, excluding its conflict of law provisions.

User and E-Cards agree to submit to the exclusive jurisdiction of the courts of the state of California.

If any provision(s) of the ETS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

E-Cards's failure to exercise or enforce any right or provision of the ETS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by E-Cards in writing.

User and E-Cards agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The section titles in the ETS are solely used for the convenience of the parties and have no legal or contractual significance.