TERMS OF SERVICE AGREEMENT (TS)
is to notify you that by sending an Ecard you thereby agreeing to both
these NOTICE terms and the terms listed in the EXTENDED TERMS OF SERVICE
1. B2B Ecards User will
not use the service for chain letters, junk mail, spamming or any use
of distribution lists to any person who has not given specific permission
to be included in such a process.
2. B2B Ecards User will not transmit through the Service any unlawful,
harassing, libelous, abusive, threatening, harmful, vulgar, obscene or
otherwise objectionable material of any kind or nature.
3. B2B Ecards User agrees not to use the service for illegal purposes.
4. B2B Ecards User recognizes and accepts that B2B Ecards is not intended
to be an Anonymous Email Service. Every Ecard sent includes the IP (Internet
Protocol) address from which the login session originated. With this header
information, the source of a message can be narrowed dramatically (often
directly to your computer). This is done for the protection of B2B Ecards
recipients. To report a violation of the B2B Ecards Rules and Regulations,
please e-mail us.
B2B Ecards USE OF USER E-MAIL ADDRESSES: B2B Ecards does not sell or distribute
the e-mail addresses of anyone using our system. The only time B2B Ecards
will intentionally release information concerning a User's communications
1. help users or recipients send or pickup their B2B Ecards;
2. conform to the edicts of the law or comply with legal process served
on B2B Ecards;
3. protect and defend the rights or property of B2B Ecards; or
4. act under exigent circumstances to protect the personal safety of its
Users or the public.
EXTENDED TERMS OF SERVICE
1. ACKNOWLEDGMENT AND
ACCEPTANCE OF TERMS OF SERVICE
The B2B Ecards Service
("Service"), owned and operated by and B2B Ecards ("B2B Ecards"), is provided
to you under the terms and conditions of this B2B Ecards Terms of Service
(TS) and any operating rules or policies that may be published by B2B
Ecards. The TS comprises the entire agreement between User and B2B Ecards
and supersedes all prior agreements between the parties regarding the
subject matter contained herein. By sending an B2B Ecards and clicking
on the "Send" button, you are indicating your agreement to be bound by
all of the terms and conditions of the TS.
2. DESCRIPTION OF SERVICE
B2B Ecards is providing User with a capability to send electronic mail
via the World Wide Web and on B2B Ecards' own system.
User must: (1) provide
all equipment, including a computer and modem, necessary to establish
a connection to the World Wide Web; (2)provide for own access to the World
Wide Web and pay any telephone service fees associated with such access.
In consideration for this Service, User agrees to: (1) provide certain
current, complete, and accurate information about User as prompted to
do so by the Service. If any information provided by User is incomplete
or inaccurate, B2B Ecards retains the right to terminate User's rights
to use the Service.
3. MODIFICATIONS TO
TERMS OF SERVICE
B2B Ecards may change the terms and conditions of the TS from time to
time. The changes may be seen by reviewing this document before sending
a Ecard. User's continued use of the Service constitutes an affirmative:
(1) acknowledgment by User of the TS and its modifications; and (2) agreement
by User to abide and be bound by the TS and its modifications.
4. MODIFICATIONS TO
B2B Ecards shall not be liable to User or any third party should B2B Ecards
exercise its right to modify or discontinue the Service.
It is B2B Ecards's policy to respect the privacy of its Users. B2B Ecards
will not share, sell, rent or otherwise disclose the personal information
(name, postal address, email address) of the customers without their advance
permission, unless otherwise ordered by a court of law. All personal information
collected is used solely to for email ecard transmittal in regard to the
customers request for services. B2B Ecards is not an e-mail list rental
service and does not share, rent, sell or otherwise disclose any e-mail
addresses or other information that the customers provide. B2B
Ecards will not monitor, edit, or disclose the contents of a User's private
communications unless required to do so by law or in the good faith belief
that such action is necessary to: (1) conform to the edicts of the law
or comply with legal process served on B2B Ecards; (2) protect and defend
the rights or property of B2B Ecards; (3) act under exigent circumstances
to protect the personal safety of its Users or the public (4) to help
senders and recipients with their B2B Ecards comunications. User acknowledges
and agrees that B2B Ecards neither endorses the contents of any User communications
nor assumes responsibility for any threatening, libelous, obscene, harassing
or offensive material contained therein, any infringement of third party
intellectual property rights arising therefrom or any crime facilitated
thereby. User acknowledges and agrees that certain technical processing
of email messages and their content may be required to: (1) send and receive
messages; (2) conform to connecting networks' technical requirements;
(3) conform to the limitations of the Service; or (4) conform to other
USER EXPRESSLY AGREES
THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS" AND & "AS AVAILABLE" BASIS. B2B Ecards EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B2B Ecards MAKES NO
WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES B2B Ecards
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USER'S OWN
DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF SUCH MATERIAL AND/OR DATA.
B2B Ecards MAKES NO
WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH
THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM B2B Ecards
OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO
SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
6. LIMITATION OF LIABILITY
B2B Ecards SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE
THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING
FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF User'S TRANSMISSIONS OR DATA,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR
OTHER INTANGIBLE, EVEN IF B2B Ecards HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
7. NO RESALE OR COMMERCIAL
USE OF THE SERVICE
User agrees not to resell the Service. Commercial use of the Service that
is compliant with this Terms of Service agreement is permitted.
8. B2B Ecards MESSAGE
B2B Ecards assumes no responsibility for the deletion or failure to store
B2B Ecards messages.
9. OTHER LIMITATIONS
B2B Ecards retains the right, at B2B Ecards's sole discretion, to determine
whether or not User's conduct is consistent with the letter and spirit
of the TS and may terminate Service if a User's conduct is found to be
inconsistent with the TS.
10. User CONDUCT
User is solely responsible for the contents of his or her transmissions
through the Service. User's use of the Service is subject to all applicable
local, state, national and international laws and regulations. User agrees:
(1) to comply with US law regarding the transmission of technical data
exported from the United States through the Service; (2) not to use the
Service for illegal purposes; (3) not to interfere or disrupt networks
connected to the Service; and (4) to comply with all regulations, policies
and procedures of networks connected to the Service. The Service makes
use of the Internet to send and receive certain messages; therefore, User's
conduct is subject to Internet regulations, policies and procedures. User
will not use the Service or any mailbox on the Service for chain letters,
unsolicited e-mail, or any use of electronic mailing to any person who
has not given specific permission to be included in such a process. User
agrees not to transmit through the Service any unlawful, harassing, libelous,
abusive, threatening, harmful, vulgar, obscene or otherwise objectionable
material of any kind or nature. User further agrees not to transmit any
material that encourages conduct that could constitute a criminal offense,
give rise to civil liability or otherwise violate any applicable local,
state, national or international law or regulation. Attempts to gain unauthorized
access to other computer systems are prohibited. User shall not interfere
with another User's use and enjoyment of the Service or another entity's
use and enjoyment of similar services. B2B Ecards may, at its sole discretion,
immediately terminate Service should User's conduct fail to conform with
these terms and conditions of the TS.
User agrees to indemnify and hold B2B Ecards, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or
arising out of User's use of the Service, the violation of this TS by
User, or the infringement by User, or other user of the Service using
User's computer, of any intellectual property or other right of any person
B2B Ecards reserves the right to terminate the Service with or without
cause at any time and effective immediately. B2B Ecards shall not be liable
to User or any third party for termination of Service. Should User object
to any terms and conditions of the TS or any subsequent modifications
thereto or become dissatisfied with the Service in any way, User's only
recourse is to immediately: (1) discontinue use of the Service. Upon termination
of the Service, User's right to use the Service and Software immediately
All notices to a party shall be in writing and shall be made either via
email or conventional mail. B2B Ecards may broadcast notices or messages
through the Service to inform User of changes to the TS, the Service,
or other matters of importance; such broadcasts shall constitute notice
14. PROPRIETARY RIGHTS
User acknowledges that content, including but not limited to text, software,
music, sound, photographs, video, graphics or other material contained
in either sponsor advertisements or email-distributed, commercially produced
information presented to User by the Service "Content" by B2B Ecards or
B2B Ecards's Advertisers, or B2B Ecards affiliated Artists, is protected
by copyrights, trademarks, service marks, patents or other proprietary
rights and laws; therefore, User is only permitted to use this Content
as expressly authorized by the Service, Artist or the Advertiser. User
may not copy, reproduce, distribute, or create derivative works from this
Content without expressly being authorized to do so by the Service, Artist
or the Advertiser.
The TS shall be governed by and construed in accordance with the laws
of the state of Nebraska, excluding its conflict of law provisions. User
and B2B Ecards agree to submit to the exclusive jurisdiction of the courts
of the state of Nebraska. If any provision(s) of the TS is held by a court
of competent jurisdiction to be contrary to law, 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.
B2B Ecards's failure to exercise or enforce any right or provision of
the TS shall not constitute a waiver of such right or provision unless
acknowledged and agreed to by B2B Ecards in writing. User and B2B Ecards
agree that any cause of action arising out of or related to this Service
must commence within one (1) year after the cause of action arose; otherwise,
such cause of action is permanently barred.