| The Software HostingDude.com grants You a non-exclusive license to use WebMail for the purpose of retrieving, viewing, composing, and sending electronic mail and for other such electronic mail purposes as are ordinary and customary. You are free to use WebMail on any computer, but not on two (2) or more computers at one time. You may customize or modify the appearance of WebMail as provided and allowed by the instructions. You may not otherwise alter or modify the Software. You are not authorized to combine WebMail with any other software program, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon WebMail. The Services By using WebMail, You agree to be bound by HostingDude.com's WebMail Service Agreement here. HostingDude.com explicitly reserves the right to terminate Your license if it comes to HostingDude.com's attention that You are using WebMail for objectionable activities, including sending, storing or any activities associated with unsolicited email or SPAM; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; or activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; activities designed to harm minors in any way. You agree to be bound by HostingDude.com's general policies and limits concerning use of the WebMail service, including without limitation the maximum number of days that email messages or other content may be retained, the maximum number of email messages that may be sent from or received by an account, the maximum size of any email message that may be sent from or received by an account, the maximum disk space that will be available for use. You will not use the WebMail service to back up a hosting account, store videos, other large files or media not intended for emailing, or any other uses in violation of HostingDude.com's policies, as may be updated from time to time. Photo-Related Services In addition to any and all other restrictions or obligations for using Webmail, if You elect to use any of the photo-related services offered through Webmail (collectively, the "Photo Services"), You acknowledge and agree to the terms and conditions contained in this section. You acknowledge and agree that You may not - post, obtain, upload or transfer any image using the Photo Services which: is threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under any applicable law; and
- infringe rights of privacy, publicity or copyrights or otherwise use content without the permission of the owner of such content and the persons (or their parents or legal guardians, where applicable) who are shown in any material.
While HostingDude.com offers an unconditional guarantee in connection with the products purchased through the Photo Services, You acknowledge and agree that the guarantee is subject to and conditioned upon the following: - errors in spelling, punctuation, accuracy or quality in the information, text or images submitted by You when using the Photo Services;
- the submittal by You of poor quality or resolution images; and
- errors related to customizable features, including, but not limited to, enhancements, choice of finish, cropping, border selection, size and formatting.
The determination as to whether the guarantee applies to each particular order will be made by HostingDude.com in its sole discretion. Additionally, in the event You become aware of an error, such as a misspelling in an order placed using the Photo Services, You acknowledge and agree that You will have up to sixty (60) minutes in which to call customer service to have the order cancelled due to an error. After such sixty (60) minutes period, all orders will be considered placed and unchangeable. You acknowledge and agree that HostingDude.com or a third-party service provider may, but is not obligated to review any or all images provided to HostingDude.com and is not responsible for such images. Further, HostingDude.com expressly reserves the right to delete, edit or rearrange images that, in its sole discretion, it deems abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable, and You acknowledge and agree to HostingDude.com's right to do so. You also acknowledge and agree that HostingDude.com or a third-party service provider may remove, publish, copy, modify, transmit and/or display any image submitted using the Photo Services. In the event You submit any images that are in violation of these terms and conditions, You acknowledge and agree that HostingDude.com or a third-party service provider may retain such image(s) and charge You for the full amount of Your order including a reasonable service charge for handling the order. You agree to defend, indemnify and hold harmless HostingDude.com for, from and against any and all damages, liabilities, costs and expenses (including, but not limited to, attorneys' fees and costs) incurred by HostingDude.com as a result of third-party claims in connection with (i) Your use of the Photo Services in violation of the terms and conditions set forth in this Section; (ii) Your use of the Photo Services to the extent that such use causes or is the basis for such third-party claim(s); (iii) the violation of any applicable law to the extent such violation results from Your use of the Photo Services; and/or (iv) claims that any material You provide in connection with the Photo Services infringes or misappropriates any or all intellectual property rights of a third-party. |
