Terms of Service Terms of Service for ProLifeAmerica.com Email Services

The ProLifeAmerica.com Email Services ("PLA Email Services") are provided to you ("User") under the terms and conditions of this Email Services Terms of Service ("E-TOS") and any operating rules or policies that may be published by ProLifeAmerica.com. The E-TOS comprise the entire agreement between User and ProLifeAmerica.com and supersede all prior agreements between the parties regarding the subject matter contained herein.

ProLifeAmerica.com agrees to provide Users with an email account via the ProLifeAmerica.com web site. Use of ProLifeAmerica.com Email is limited to legal residents of the United States and Canada.

In establishing a ProLifeAmerica.com email account you agree to: not to use the PLA Email Service for illegal purposes; not to upload, post or otherwise transmit 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; to not use the PLA Email Service to harm minors in any way; to not use the PLA Email Service to impersonate any person or entity, including, but not limited to, ProLifeAmerica.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; to not use the PLA Email Service to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page); to not use the PLA Email Service to upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); to not use the PLA Email Service to upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; to not use the PLA Email Service to upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Service that are designated for such purpose. ProLifeAmerica.com will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. ProLifeAmerica.com reserves the right to block any email that violates this policy; to not use the PLA Email Service to upload, post or otherwise transmit 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; to not use the PLA Email Service to disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; to not use the PLA Email Service to interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; to not use the PLA Email Service to intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; to not use the PLA Email Service to "stalk" or otherwise harass another; to not use the PLA Email Service to collect or store personal data about other users; to not use the PLA Email Service to promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites; to not use the PLA Email Service to attempt to gain unauthorized access to other computer systems to comply with all applicable laws regarding the transmission of technical data exported from the United States; Children should always get their parents permission before providing any information about themselves over the Internet, such as name, email address, phone number, etc.

ProLifeAmerica.com may, from time to time, send email messages to Users containing advertisements, special promotions, and other marketing materials ProLifeAmerica.com may serve advertisements to this site User agrees that ProLifeAmerica.com has the right to run such advertisements and promotions.

In consideration for the PLA Email Service, User agrees to: (a) provide certain current, complete, and accurate information about User as prompted to do so by PLA Email Service and (b) maintain and update this information as required to keep it current, complete and accurate. Any registration information will be owned by ProLifeAmerica.com. If any information provided by User is inaccurate, ProLifeAmerica.com retains the right to terminate User's membership and rights to use the Services without prior notice.

ProLifeAmerica.com considers email transmitted via the Service to be the private correspondence between the sender and recipient. ProLifeAmerica.com will not monitor, edit or disclose the contents of a User's private communications, except that User agrees ProLifeAmerica.com may do so (a) as required by law, (b) to comply with legal process, (c) if necessary to enforce the terms of service, (d) to respond to claims that such contents violate the rights of third parties, (e) to protect the rights or property of ProlifeAmerica.com or related organizations. User understands and agrees that technical processing of email communications is and may be required (a) to send and receive messages, (b) to conform to the technical requirements of connecting networks (c) to conform to the limitations of the PLA Email Service, or (d) to conform to other similar technical requirements. User acknowledges and agrees that ProLifeAmerica.com does not endorse the content of any User communications and is not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another. ProLifeAmerica.com is not liable for any violations of the privacy policy by any entity other than itself.

ProLifeAmerica.com reserves the right to modify the terms and conditions of the E-TOS at any time and at its sole discretion without prior notice. ProLifeAmerica.com will post any updates to the E-TOS on this Web site. By continuing to use the Services, User agrees to be bound by the amended E-TOS.

ProLifeAmerica.com reserves the right to modify or discontinue the PLA Email Services, or any portion thereof, at any time, with or without prior notice to User. ProLifeAmerica.com shall not be liable to User or any third party should ProLifeAmerica.com exercise its right to modify or discontinue the PLA Email Services.

User is entirely responsible for maintaining the confidentiality of User's password and account, and for any and all activities which occur under User's account or password. User agrees to immediately notify ProLifeAmerica.com of any unauthorized use of User's account, password, or any other breach of security known to User. User may change his/her password or profile by following instructions on the system.

ProLifeAmerica.com provides the Services on an "as is" and "as available" basis, and User uses such PLA Email Services at his/her sole risk. ProLifeAmerica.com makes no warranty that the PLA Email Services will meet User's requirements, or that the PLA Email Services will be uninterrupted, timely, secure, or error free; nor does ProLifeAmerica.com make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the PLA Email Services or that defects in the PLA Email Services will be corrected.

ProLifeAmerica.com expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Services is done at User's own discretion and risk. ProLifeAmerica.com is not responsible for User's computer system or loss of data that results from the download of such material and/or data.

ProLifeAmerica.com makes no warranty regarding any goods or services purchased or obtained through the PLA Email Services or any transactions entered into through the PLA Email Services.

No advice or information, whether oral or written, obtained by User from ProLifeAmerica.com shall create any warranty not expressly made herein.

ProLifeAmerica.com will not be liable for any loss of use, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including but not limited to lost profits) regardless of the form of action, whether in contract, tort (including negligence) strict product liability, or otherwise, even if ProLifeAmerica.com has been advised of the possibility of such damages. ProLifeAmerica.com ASSUMES NO RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE, DELIVER, OR TIMELY DELIVER EMAIL MESSAGES.

ProLifeAmerica.com has established an upper limit of 10mb on the size of message storage it will maintain for User for our free service.

User agrees to indemnify, defend (at ProLifeAmerica.com request), and hold ProLifeAmerica.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made or brought by any third party due to or arising out of User's use of the PLA Email Services or any part thereof, the violation of this EMAIL TOS or any provision therein by User, or the infringement or misappropriation by User, or a third party using User's computer, account or password to access and/or use the PLA Email Services, of any Intellectual Property Rights of any person or entity, or the use or misuse by the User or third parties of User's passwords or accounts.

Termination and Terms:

User agrees that ProLifeAmerica.com may terminate User's password, account or use of the PLA Email Services if ProLifeAmerica.com believes (a) that User has violated or acted inconsistently with the letter or spirit of the Terms of Service or (b) that User has violated the rights of ProLifeAmerica.com or other Users or parties. User further agrees that ProLifeAmerica.com may terminate User's password, account or use of the Service if User fails to use the Service at least one time during a reasonable period of time as determined by ProLifeAmerica.com from time to time which period shall not be less than 60 days. User acknowledges and agrees that any termination of service under any provision of this Agreement may be effected without prior notice and acknowledges and agrees that ProLifeAmerica.com may immediately delete email files in User's account and bar any further access to such files or the Service.

Should User object to any terms and conditions of the E-TOS or any subsequent modifications thereto or become dissatisfied with the PLA Email Services in any way, User's only recourse is to immediately: discontinue use of the PLA Email Services; and/or terminate PLA Email Services Usership.

The Terms of Service and the relationship between User and ProLifeAmerica.com shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. User and ProLifeAmerica.com agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Texas. The failure of ProLifeAmerica.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the PLA Email Services or the Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.

No right may be assigned, and no duty may be delegated, by either party under this Agreement except upon the written consent of the other party and any attempted assignment and delegation without such consent shall be void and without effect. Notwithstanding the foregoing, however, ProLifeAmerica.com shall be entitled to assign this agreement, and all rights and obligations hereunder, to a successor to all or substantially all of its assets, whether by sale, merger or otherwise. This E-TOS shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein.

Neither party is, nor will it be deemed to be, an agent or legal representative of the other party for any purpose. Neither party will be entitled to enter into any contracts in the name of or on behalf of the other party, and neither party will be entitled to pledge the credit of the other party in any way or hold itself out as having authority to do so.

If any provision(s) of the E-TOS is/are held by a court of competent jurisdiction to be contrary to law, or otherwise invalid or unenforceable, 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.

Any waiver (express or implied) by either party of any breach of this E-TOS shall not constitute a waiver of any other or subsequent breach. No provision of the E-TOS will be waived by any act, omission or knowledge of a party or its agents or employees except by an instrument in writing expressly waiving such provision and signed by a duly authorized officer of the waiving party.

User and ProLifeAmerica.com agree that any cause of action arising out of or related to these PLA Email Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Please report any violations of the Terms of Service to postmaster@prolifeamerica.com

Acceptance of Terms

BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "ACCEPT" BUTTON YOU ARE STATING THAT YOU ARE AN ADULT (18 YEARS OR OLDER), THAT YOU HAVE READ AND UNDERSTAND THE TERMS OF SERVICE, THAT YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE IN EFFECT AND AS UPDATED BY PROLIFEAMERICA.COM FROM TIME TO TIME. READ THE AGREEMENT CAREFULLY AS IT SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO USE OF PROLIFEAMERICA.COM EMAIL ACCOUNT SERVICES. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD CLICK THE "I DON'T ACCEPT" BUTTON. CHECK THIS PAGE TO OBTAIN THE MOST CURRENT VERSION OF THE TERMS OF SERVICE.

 





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