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| 1. |
Acceptance of Terms |
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Sunlight Radio provides this free web-based Email Service to you, subject to the following Terms of Use,
which may be updated by Sunlight Radio from time to time without notice to you.
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| 2. |
Email Service Description |
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Sunlight Radio provides this email service “as-is" and assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the email service and that access may involve third party fees
(such as Internet service provider or airtime charges).
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| 3. |
Your SunlightVIP Membership Registration Obligations |
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You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by
the registration form and (b) maintain and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete,
or Sunlight Radio has reasonable grounds to suspect that such information is untrue, inaccurate, not current
or incomplete, Sunlight Radio has the right to suspend or terminate your account and refuse any and all current
or future use of any services.
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| 4. |
Your SunlightVIP Membership Account, Password and Security |
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You are responsible for maintaining the confidentiality of the password and account, and are fully
responsible for all activities that occur under your password or account. You agree to (a)
immediately notify Sunlight Radio of any unauthorized use of your password or account or any other
breach of security, and (b) ensure that you exit from your account at the end of each session.
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| 5. |
Your SunlightVIP Membership Account, Password and Security |
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You understand that all information is the sole responsibility of the person from which such Content originated.
This means that you, and not Sunlight Radio, are entirely responsible for all Content that you upload, post, email,
transmit or otherwise make available via the email service. Under no circumstances will Sunlight Radio be liable in
any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss
or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made
available via the email service
You agree to not use the email service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Sunlight Radio official, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the email service or servers or networks connected to the email service, or disobey any requirements, procedures, policies or regulations of networks connected to the email service and/or;
- intentionally or unintentionally violate any applicable local, national or international law;
- "stalk" or otherwise harass another
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| 6. |
Sunlight Radio Privacy Policy |
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Registration Data and certain other information about you are subject to our Privacy Policy. For more information,
see our full Privacy Policy.
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| 7. |
Indemnity |
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You agree to indemnify and hold Sunlight Radio , and its subsidiaries, affiliates, officers, agents, co-branders or other partners,
and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of
Content you submit, post, transmit or make available through the email service, your use of the email service, your connection to the email service,
your violation of the TOU, or your violation of any rights of another.
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| 8. |
Use and Storage of the Email Service |
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You acknowledge that Sunlight Radio may establish limits concerning use of the email service, including without limitation the
maximum number of days that email messages will be retained by the email service, the maximum number
of email messages that may be sent from or received by an account on the email service, the maximum size of
any email message that may be sent from or received by an account on the email service, the maximum disk space that
will be allotted on Sunlight Radio's servers on your behalf [2Mb], and the maximum number of times (and the maximum duration for which)
you may access the Service in a given period of time. You agree that Sunlight Radio has no responsibility or liability for the deletion
or failure to store any messages and other communications or other Content maintained or transmitted by the email service.
You acknowledge that Sunlight Radio reserves the right to log off accounts that are inactive for an extended period of time.
You further acknowledge that Sunlight Radio reserves the right to modify these limits from time to time.
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| 9. |
Email Service Modifications |
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Sunlight Radio reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the email service (or any part thereof) with or without notice. You agree
that Sunlight Radio shall not be liable to you or to any third party for any modification, suspension or
discontinuance of the email service.
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| 10. |
Termination |
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You agree that Sunlight Radio may, under certain circumstances and without prior notice, immediately
terminate your Sunlight Radio account, any associated email address, and access to the email service.
Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOU
or other incorporated agreements or guidelines, (b) requests by law, (c) a request by you, (d) discontinuance
or material modification to the email service, (e) unexpected technical or security issues or problems, (f)
extended periods of inactivity, and/or (g) you have engaged in fraudulent or illegal activities. You agree
that all terminations for cause shall be made in Sunlight Radio's sole discretion and that Sunlight Radio shall
not be liable to you or any third-party for any termination of your account, any associated email address, or
access to the email service.
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| 11. |
Disclaimer of Warranties |
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You expressly agree that:
- Your use of the email service is at your sole risk.
- Su makes no warranty that (i) the email service will meet your requirements, (ii) the
email service will be uninterrupted, timely, secure, or error-free, (iii) the results that
may be obtained from the use of the email service will be accurate or reliable, (iv) the
quality of any products, services, information, or other material purchased or obtained by
you through the email service will meet your expectations, and (v) any errors in the
software will be corrected.
- Any material downloaded or otherwise obtained through the use of the email service is done at your own
discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data
that results from the download of any such material.
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| 12. |
Liability Limitation |
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You expressly understand and agree that Sunlight Radio shall not be
liable to you for any direct, indirect, incidental, special, consequential
or exemplary damages, including but not limited to, damages for loss of
profits, goodwill, use, data or other intangible losses (even if Sunlight
Radio has been advised of the possibility of such damages), resulting from:
(i) the use or the inability to use the email service; (ii) the cost of
procurement of substitute goods and services resulting from any goods, data,
information or services purchased or obtained or messages received or
transactions entered into through or from the email service; (iii) unauthorized
access to or alteration of your transmissions or data; (iv) statements or
conduct of any third party on the email service; or (v) any other matter relating
to the email service.
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