FreeInternet Services and FreeInternet Site Terms of Service

BY CLICKING ON THE "I ACCEPT" BUTTON OR BY USING ANY OF THE FREEINTERNET SERVICES (THE "FREEINTERNET SERVICE OR SERVICES"), YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND THE FREEINTERNET PRIVACY POLICY, WHICH ARE REFERRED TO COLLECTIVELY AS THE "RULES."

IF YOU DO NOT AGREE TO BE BOUND BY THE RULES, YOU MUST DISCONTINUE YOUR USE OF THE FREEINTERNET SERVICES AND TERMINATE YOUR ACCOUNT.

The most current version of the Rules may be found at http://www.FreeInternet.com/ (the "FreeInternet Site"). Please review the Rules at the FreeInternet Site prior to accessing the FreeInternet Services as the Rules may have changed since the date of production of this version of the Terms of Service. FreeInternet may change the Rules and the scope of the FreeInternet Services, in whole or in part, at any time. Posting of the updated Rules at the FreeInternet Site will constitute notice to you of any such changes, although FreeInternet may choose other types of notice for certain changes. Changes will be effective upon notice, although FreeInternet will use reasonable efforts to provide you with thirty days advance notice of material changes that adversely impact you. Your continued use of the FreeInternet Services following notice constitutes your acceptance of all changes, and each use of the FreeInternet Services constitutes your reaffirmation of your acceptance of the Rules. If you do not agree to changes to the Rules or the scope of the FreeInternet Services, your sole and exclusive remedy will be to terminate your account and use of FreeInternet Services.

The Rules are your entire agreement with FreeInternet and govern your use of the FreeInternet Services. FreeInternet reserves the right, but is not obligated, to prohibit any conduct or to remove any materials or content in violation of the Rules or which FreeInternet believes in its sole discretion to be illegal or potentially harmful to others or may expose FreeInternet to harm or liability. FreeInternet may suspend or terminate your use of FreeInternet Services for any reason at any time, including if it determines that you have failed to comply with any of the Rules. FreeInternet reserves the right to take or terminate the use of any user name or e-mail address at any time.

• Completion of FreeInternet Questionnaires, Surveys and Registration Forms.

  In exchange for FreeInternet providing the FreeInternet Services, you agree to provide FreeInternet with accurate and complete information it may request from time to time through questionnaires, surveys and registration forms. You expressly permit and authorize FreeInternet and its affiliates (and such third parties as may be authorized by FreeInternet, subject to the Privacy Policy) to furnish you, electronically when you use the FreeInternet Services or by any other means selected by FreeInternet, information or materials prepared by FreeInternet or by (or on behalf of) other entities, including advertising information and solicitations. You acknowledge that any such information, advertisements and solicitations are an inseparable part of the FreeInternet Service, and you understand and agree that the furnishing of such information, advertisements and solicitations to you cannot be terminated unless the FreeInternet Service is also terminated.

• Minors.

  You may not obtain a account for the FreeInternet Services unless you are at least 18 years old, and you represent that you are at least 18 years old by signing up for such services.

• Accessing FreeInternet Services.

  You are responsible for obtaining and maintaining, at your own expense, all input/output devices or equipment (such as modems, terminal equipment, computer equipment and software) and Internet access services necessary to access the FreeInternet Services.

• Transmission and Receipt of Content.

  Certain of the FreeInternet Services may allow you to post or send content that can be viewed by others ("User Generated Content"). FreeInternet exercises no control over User Generated Content passing through its network or equipment or available on or through the FreeInternet Site or the FreeInternet Services. You may only post or send User Generated Content on the FreeInternet Site or through the FreeInternet Services that you created or that you have permission to post or send. You may not post User Generated Content that violates the Rules. We do not claim ownership of any User Generated Content. However, by submitting User Generated Content to us, you grant us, our parent, affiliates, and distributors the right and license to use, copy, display, perform, distribute, adapt and promote this User Generated Content in any medium.

You agree that we are not liable for User Generated Content that is provided by others. We have no duty to pre-screen User Generated Content, but we have the right to refuse to post, edit, or deliver submitted User Generated Content. We reserve the right to remove User Generated Content for any reason, but we are not responsible for any failure or delay in removing such material.

Disputes may arise between you and others or between you and FreeInternet related to content or commerce, including User Generated Content. Such disputes could involve, among other things, the use or misuse of domain names; the infringement of copyrights, trademarks or other rights in intellectual property; defamation; fraud; the use or misuse of information; and problems with online auction or commerce transactions. You agree that all claims, disputes or wrongdoing that result from, or are related in any way to, the content of information that you post, transmit, re-transmit or receive through the FreeInternet Services, FreeInternet's network or FreeInternet's equipment are your sole and exclusive responsibility.

• Links to Third Party Sites.

  The FreeInternet Services contain links to other sites on the Internet that are owned and operated by third parties. FreeInternet does not control the information, products, or services on these third party sites. The inclusion of any link does not imply endorsement by FreeInternet of the site or any association with their operators. Because FreeInternet has no control over such sites and resources, you agree that FreeInternet is not responsible or liable for the availability or the operation of such external sites, for any material located on or available from any such sites, or for the protection of your privacy data by third parties. Any dealings with or participation in promotions of advertisers through the FreeInternet Services, including the payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. You further agree that FreeInternet shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.

• Indemnification of FreeInternet.

  YOU AGREE TO DEFEND, INDEMNIFY AND HOLD FREEINTERNET AND ITS SUPPLIERS, SPONSORS, PARTNERS OR OTHER CO-BRANDERS AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES AND COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND COURT COSTS) (COLLECTIVELY, "CLAIMS") ARISING OUT OF OR RELATING TO YOUR BREACH OF ANY OF THESE RULES OR USE (BY YOU OR ANY THIRD PARTY) OF FREEINTERNET SERVICES THROUGH THE FREEINTERNET ACCOUNT ASSIGNED TO YOU, EXCEPT TO THE EXTENT SUCH CLAIMS DIRECTLY RESULT FROM FREEINTERNET'S OWN GROSS NEGLIGENCE. THE FOREGOING INDEMNIFICATION OBLIGATION SHALL SURVIVE ANY TERMINATION OF FREEINTERNET SERVICES PROVIDED TO YOU.

Either you or FreeInternet may terminate or cancel your account at any time.

YOU ACKNOWLEDGE THAT FREEINTERNET SERVICES ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE FREEINTERNET SERVICES OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF FREEINTERNET SERVICES OR THAT FREEINTERNET SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. FREEINTERNET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE , MERCHANTABILITY OF COMPUTER PROGRAMS AND INFORMATIONAL CONTENT. FREEINTERNET DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE FREEINTERNET SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT FREEINTERNET WILL SERVICE OR HAVE ADEQUATE CAPACITY IN ANY SPECIFIC GEOGRAPHIC AREA. FREEINTERNET DOES NOT WARRANT THAT FREEINTERNET SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY INTERNET ACCESS SERVICE OR FREEINTERNET SERVICES IN PARTICULAR.

IN NO EVENT SHALL FREEINTERNET BE LIABLE UNDER ANY SECTION OF THESE TERMS OF SERVICE OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT FREEINTERNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IN NO EVENT SHALL FREEINTERNET'S LIABILITY TO YOU EXCEED THE GREATER OF ONE DOLLAR ($1.00) NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE RULES OR OUT OF THE FREEINTERNET SERVICES MAY BE BROUGHT BY YOU OR FREEINTERNET MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION HAS OCCURRED. Some jurisdictions do not allow a limitation on liability for negligence that causes death or personal injury and, in such jurisdictions, FreeInternet's liability shall be limited to the greatest extent permitted by law.

Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act, FreeInternet will terminate your account if you use your account privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to FreeInternet and later confirmation through court order or an admission by the subscriber that an account has been an instrument of unlawful infringement, FreeInternet will terminate your account. FreeInternet may also in its sole discretion decide to terminate your account privileges prior to that time if it has good faith belief that infringement has occurred. FreeInternet will also terminate your account if you are deemed to be a repeat infringer. A repeat infringer is a subscriber who has been notified of infringing activity more than twice and/or has had User Generated Content removed from the FreeInternet Site or Services more than twice. In addition, pursuant to 17 U.S.C. § 512(c), FreeInternet has implemented procedures as set forth herein for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. FreeInternet respects the intellectual property of others, and we ask our subscribers to do the same.

If you believe that your copyright has been infringed through the use of a FreeInternet account or the FreeInternet Services, please contact FreeInternet's Copyright Agent in writing at:

Copyright Agent:
Anthony DeToro, Esq. - FreeInternet.com, Inc.
21301 Burbank Boulevard,
Woodland Hills, CA 91367
Fax: (818) 287-3010

You must provide us with all the information requested on the attached Notification of Infringement. The information requested is intended to substantially conform to the requirements set forth in the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (c)(3)(A). We therefore require from you:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work you claim is being infringed, or, if you want to cover multiple copyrighted works in a single notice, a representative list of such works.
3. Identification of the material that you claim is infringing or is the subject of infringing activity and that you believe should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted.
5. A Policy that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A Policy that the information in your notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with the provisions above shall not be considered sufficient notice and shall not be deemed to confer upon FreeInternet actual knowledge of facts or circumstances from which infringing material or acts are evident.

• Entire Agreement.

  These Rules (as may be modified by updated Rules on the FreeInternet Site) together constitute the sole agreement between FreeInternet and you respecting the subject matter hereof You acknowledge and agree that you have read the Rules and understand and accept their terms.

• Legal Actions.

  These Rules will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of laws principles. The exclusive personal jurisdiction of and venue for all disputes arising out of these Rules shall be the state and federal courts located in Los Angeles, California, USA and you consent to such exclusive jurisdiction and waive all objections to such jurisdiction and venue.

• Severability.

  If any provision of these Rules is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to comply with applicable laws, and the remainder shall remain in full force and effect.

• No Waiver.

  Any failure of FreeInternet to enforce any provision of these Rules shall not constitute a waiver of any rights under such provision or any other provision of these Rules.

• Information for California Residents.

  Under California Civil Code Section 1789.3, users that are residents of California are entitled to the following consumer rights information: the Complaint Assistance Unit of the Division of Consumer Services may be contacted in writing at 400 R Street, Suite 1080, Sacramento, CA 95814 or by telephone at (916) 445-1254.

• For the purposes of this Agreement, references to "including" shall mean "including, without limitation," unless such reference is already included.

Contact FreeInternet at http://www.FreeInternet.com/contact-us.html

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