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Rules of User Conduct Notice

You must be at least 18 years of age to accept this Agreement. The e4 Chat Service contains "Rules of Conduct," which, if violated, may affect your ability to use the e4 Chat software. This Service also contains warnings with respect to content to which you may be exposed. 

1. The e4 Chat Service. These Terms of Service (this "Agreement") is a legal agreement between you (either an individual or a single entity), as an end-user, and e4 Networks. ("e4"). The e4 Chat Service (the Service") is an Internet-based online Service that allows you to use the e4 Chat application (the "Software"). This Service is provided to you by e4 Networks, subject to all the terms of this Agreement. The Service is provided by e4 Networks to the original customer only and may not be transferred to any third party. You must ACCEPT the terms of this Agreement in order to establish an account for and use the Service. If you do not agree to these terms, you may not use the Service.

2. Agreements. This Agreement comprises the entire agreement between e4 and you, and supersedes any prior agreements between you and e4 with respect to the subject matter hereof or thereof. However, e4 may revise this Agreement at any time, and such revision shall be effective thirty (30) days after informing you via Email or e4 Instant Message. If any such revision is unacceptable to you, you may terminate your use of the service as provided in this Agreement.

3. Account Information.

(a) YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD. When you register for the Service, you will become a Member of the Service and an account will be created for you (your "Account"). The term "Member" in this Agreement refers to any person or entity, including you, that has registered for the Service, has entered into this Agreement with e4 and is authorized by e4 to use the Service. Upon your registration as a Member of the Service, you will be given an e4 account identified by your valid email address and a nickname you have selected to identify yourself to other Members and Service staff when you use the Service. You may not select as your nickname the name of another person (unless it is also your name), or a name which violates any third party's trademark right, copyright, or other proprietary right, or which e4 deems in its discretion to be vulgar or otherwise offensive. e4 reserves the right to require you to change the nickname in those cases. You are entirely liable for all activities conducted through your Account and the nickname registered to your Account. You may permit another individual, to use your Account and nickname subject to your supervision and assumption of all resulting liabilities. You agree to provide e4 with ongoing, accurate, complete, and updated registration information, and failure to do so constitutes a breach of this Agreement and unauthorized access to the Service, and may result in termination of your account and subject you to civil and/or criminal liability.

(b) Passwords. Upon your registration for the Service, you will select a password. You are responsible for maintaining the confidentiality of your password and are liable for any harm resulting from disclosing or allowing disclosure of any password or from use by any person of your password to gain access to your Account and nickname. At no time should you respond to an online request for a password. e4 employees will never ask for your password online. 

(c) Former Members. Members whose accounts have been terminated by e4 may not access the Service in any manner or for any reason without the express written permission of e4. Active Members may not knowingly allow former Members who have been terminated to use the active Members' Accounts or nicknames.

4. Charges for Service. Currently e4 charges $5/month or $60/year for using the Service. e4 may change its fees and billing methods at any time effective thirty (30) days after notice thereof is posted on the e4 website, and/or via EMail or via e4 Instant Message. This new charge will apply to any new account or renewal occurring after this period, but will not affect current accounts for the length the account is paid up for.

If any such change is unacceptable to you, you may terminate your use of the Service as provided in this agreement. 

THESE FEES WILL BE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. For further information on billing see the e4 website. If your use of the Service is subject to use or sales tax then e4 may also charge you for any such taxes, which will be in addition to the rates and charges published on the e4 website. You will also be liable for all attorney and collection fees arising from e4's efforts to collect any unpaid charges.

5. Rights and Responsibilities

(a) Content. You acknowledge that: (i) the Service contains graphics, sound effects, voice and text (collectively, "Content"), and (ii) such Content may be provided by independent content providers, including contributions from other Members. These independent content providers, including other Members, will be referred to in this Agreement as "Content Providers". You, and any user of your Account or nickname, must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content. e4 does not pre-screen Content as a matter of policy, but e4 and Content Providers shall have the right, but not the responsibility, to remove Content which is deemed in their discretion to be harmful, offensive, or otherwise in violation of this Agreement. Such removal may be immediate and without notice. Any content, characters, artwork, text, information, or other intellectual property you add to the Software when and if such activities are enabled will be in the public domain. Neither you nor anyone else may claim to own or have exclusive right, including the copyright or trademark rights to such material, and you agree that e4 may use such material for any purpose including republication and creation of derivative rights. You assume all risks regarding the determination of your right to use the materials or whether the materials are in the public domain. 

(b) Rights. You acknowledge that the Service permits access to Content that is protected by copyrights, trademarks, and other proprietary rights owned by e4 (collectively, the "Rights"). These Rights are valid and protected in all media existing now or later developed, and except as is explicitly provided otherwise, your use of Content shall be governed by the copyright laws of the United States. Commercial exploitation licenses are available in certain circumstances by contacting e4 as set forth at the end of this License.

 (c) Official Service. The Software has been designed by e4 for use only on the Service and e4 can not assure the quality or data integrity of the Software when used through any other means. In order to maintain the integrity and quality of the Software, you agree to use the Software only on the Service and not through any other means. You further agree not to create or provide any other means through which the Software may be used by others -- for example, through server emulators. You acknowledge that you do not have the right to create, distribute or use any software utilities, applications, emulators or tools derived from or created for the Software unless specifically authorized in writing by e4. All connection costs for access to the Service are at your sole cost, expense and risk, including any communication costs, such as telephone charges and/or Internet access fees. e4 will allocate system resources as it deems appropriate in its sole discretion. e4 may log instances of abuse of system resources, including attempting to disrupt the sessions of other users, consuming excessive amounts of CPU time, network resources or disk space, or otherwise unreasonably and adversely affecting the performance of e4 servers. 

(d) Conduct and Communication. You, and anyone you authorize to use your Account and nickname on the Service, may not engage in conduct or communication while using the Service which is unlawful or which restricts or inhibits any other user from using or enjoying the Service. You agree to use the Service only for lawful purposes. e4 reserves the right to terminate or temporarily suspend your membership if it determines in its sole discretion that you have engaged in any impermissible conduct. Set forth below, and on the e4 web site, are some common examples of impermissible conduct. This list is not exhaustive. e4 reserves the right, but does not assume the responsibility, to restrict conduct which e4 deems in its sole discretion to be harmful or offensive to individual Members, damaging to the communities which use the Service, or in violation of e4s' or any third party's rights. You acknowledge, however, that communication over the Service and the Internet occurs in real-time, and may be posted on one of the Service's or the e4 web site's message boards or libraries, and e4 cannot, and does not intend to, screen communication in advance. You agree to not take any action or pass any communication, either in or through the Service, that interferes with another users ability to enjoy his or her use of the service or which is objectionable or inappropriate. Without limiting the generality of the foregoing, examples of unacceptable behavior include: harassing, threatening, embarrassing or intimidating another user or person or entity, transmitting any unlawful, harmful, threatening, abusive, profane, offensive, obscene, harassing, defamatory, vulgar or hateful communication or material, or any racially, ethnically or otherwise objectionable communication or material; using any obscene or offensive alias; impersonating another person or entity, including, without limitation, an e4 employee or representative, an employee or representative of the operator of the server, another user or an information provider; disparaging the Software or Service, e4 or its representatives or employees, the server operator or its representatives or employees, any other user or any other person or entity; posting or transmitting any unsolicited advertising, promotional materials, chain letters or pyramid schemes, or other forms of solicitation to other users, individuals or entities on the Service; disrupting the normal flow of conversation in any chat room or otherwise act in a manner that negatively affects other users, individuals or entities; violating any operating rule, policy or guideline of any other interactive service; modifying, altering, or in any way attempting to take technical advantage of the Software or Service, including the creation, distribution or use of tools designed for compromising security, including password guessing programs, cracking tools, viruses, and network probing tools; upload, use or in any way violate material protected by intellectual property laws, rights to privacy or publicity, or any other applicable law, unless you own or control the rights thereto or have received all necessary consents; and, intentionally or unintentionally violating any applicable local, state, national or international law, regulation or treaty. e4 will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and, notwithstanding any provision herein to the contrary, may release your name and other information to the appropriate authorities for that purpose. You are completely and solely liable for all communications and other activities of every kind and nature conducted by or through your screen name/log-in name/alias. By using the Service, you agree to abide by generally accepted standards of online behavior. e4 reserves the right to determine, at its sole discretion, what constitutes generally accepted standards of online behavior and may, without notice and at any time, suspend or terminate your access to the Service for violation of these generally accepted standards. In the event that you engage in conduct prohibited by this Agreement, or otherwise commit any other breach of this Agreement, then one or more of the following may occur: you may be issued a warning; your account's chat or other communication abilities may be turned off; use of your account may be temporarily or permanently blocked; and your use of any other on-line service or other similar account that you then or may in the future maintain with e4 may be temporarily or permanently blocked.

If you witness any conduct that violates e4s' usage guidelines, you may contact e4 Customer Service through any means described on the e4 web site. e4 will handle information you provide at its sole discretion, and may decide to take no action.

6. Additional Terms. By continuing to use the Service and subject to the notice provisions of this Agreement, you consent to and accept any and all changes to this Agreement, pricing changes, Rules of User Conduct, and any other terms and conditions posted from time to time on the e4 web site

7. Disclaimer of Warranty. To the maximum extent allowed by law, e4 its licensors and subcontractors do not warrant any connection to, transmission over, or results or use of, any network connection or facilities provided (or failed to be provided) through the Service. You are responsible for assessing your own computer and transmission network needs, and the results to be obtained there from. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE, ALL SOFTWARE DISTRIBUTED BY e4 AND THE INTERNET ARE AT YOUR SOLE RISK. THE SERVICE AND ALL SOFTWARE DISTRIBUTED BY e4 ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. e4 DISCLAIMS ALL WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, OR ARISING WITH RESPECT TO THE SERVICE, ALL SOFTWARE DISTRIBUTED BY e4, AND THE INTERNET. e4 ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF e4, ITS LICENSORS AND SUBCONTRACTORS, OR BY YOUR OR ANY OTHER MEMBER'S OWN ERRORS AND/OR OMISSIONS. e4 makes no warranty with respect to any related software or hardware used or provided by e4 in connection with the Service. Any patent, trademark, trade secret or warranty infringements, whether actual or alleged, are the direct responsibility of the manufacturer of said hardware or software products. e4 assumes no responsibility for any actions or liabilities arising from the possession or use of these products or hardware.

8. Limitation of Liability. YOU ACKNOWLEDGE THAT e4 SHALL NOT ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION BY e4 OR ITS CONTENT PROVIDERS, OTHER MEMBERS OR OTHER LICENSORS WITH RESPECT TO CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE. e4 SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES OR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH THE SERVICE OR WITH ANY OTHER PRODUCT OR SERVICE PROVIDED BY e4. e4s' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF THE SERVICE SHALL BE THE REPLACEMENT OF ANY SOFTWARE DEVELOPED BY OR FOR e4 WHICH IS FOUND TO BE DEFECTIVE, USING MEDIA CHOSEN BY e4, LESS SHIPPING AND HANDLING. e4s' LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED SOLELY TO THE TOTAL CUMULATIVE AMOUNT PAID BY YOU TO ACCESS AND USE THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH STATES e4s' LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW

9. Indemnification. At e4's request, you agree to defend, indemnify and hold harmless e4, its affiliated companies, licensees, distributors, Content Providers and other Members of the Service, from all liabilities, claims and expenses, including attorneys' fees, arising from any breach of this Agreement by you. e4 reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.

10. Termination. Either you or e4 may terminate your subscription to the Service at any time without further obligation to the other. Further, e4 reserves the rights to terminate the Service at any time without further obligation to you. Your only right with respect to any dissatisfaction with any (a) term of this Agreement or post on the e4 web site, (b) policy or practice of e4 in operating the Service, (c) Content available through the Service or change therein, or (d) amount or type of fees or billing methods, or change therein, is to terminate your subscription to the Service by notifying Customer Service of your desire to terminate and confirming such request in writing or electronically if requested. Your notice of termination will be effective upon receipt by e4, or upon receipt of confirmation if confirmation is requested. 

IF THE SERVICE OR YOUR ACCOUNT IS TERMINATED OR CANCELED FOR ANY REASON, e4 MAY REFUND A PORTION OF THE FEES, IF ANY, BASED ON PRORATION OR OTHER METHOD, AT ITS SOLE DISCRETION. HOWEVER NO REFUND WILL BE GIVEN IF THE ACCOUNT IS TERMINATED FOR VIOLATION OF THE TERMS SET OUT HERE. UPON TERMINATION OF THE SERVICE OR YOUR ACCOUNT YOUR ACCESS PRIVILEGES TO THE SERVICE WILL BE TERMINATED.

11. Third Party Software and Service. e4 does not endorse, warrant or guarantee any product or service offered through the Service by any third party, will not be a party to or in any way monitor any transaction between you and third-party providers of products or services in connection with the Service, and will not bear any responsibility for their product, services, policies or actions. You agree that your use of any third-party products or services may be subject to additional terms and conditions and failure to abide by those additional terms and conditions may result in termination of your Account.

12. Member Lists. e4 will not release any membership information to any third party for any reason.

13. General Provisions. You may not use, copy, modify, sublicense, rent, sell, assign or transfer the rights or obligations granted to you in this Agreement, except as expressly provided in this Agreement. Any assignment in violation of this Agreement is void; provided, however, that e4 may assign this Agreement and its rights and obligations with respect thereto. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of: (i) such provision under other circumstances, or (ii) the remaining provisions hereof under all circumstances. The paragraph headings contained in this Agreement are for the purposes of convenience only and are not intended to define or limit the contents of said paragraphs. e4 and you are independent contractors under this Agreement. e4's failure to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter.

 


 

 

 

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Copyright © 2004-2010 [e4 Networks]. All rights reserved. Revised: November 21, 2003