WNIA WebMail Terms of Use

WNIA.com/.net, a division of Westfield Neighborhood Improvement Association (WNIA), provides e-mail services pursuant to the terms set forth below (the "Agreement"). By signing up for an email account, you are agreeing to use the Email Services, in a manner consistent with these terms and with applicable laws and regulations. WNIA may modify this Agreement at any time. In the event of any discrepancy between this Agreement, and any FAQs, Privacy Statement, and similar statement posted by WNIA, the terms of this Agreement shall control.

1. Subscriber Conduct. YOU MAY NOT SEND "SPAM" (unsolicited email in connection with the Email Services directed to people not personally known to you, including but not limited to junk mail, chain letters or other unsolicited bulk email, commercial or otherwise). You are solely responsible for your content and acknowledge that these Email Services act as a passive conduit for the transmission of your data. You warrant that your use of, and the content you provide through, these services:
   1. does not infringe on any third party's intellectual property rights or proprietary rights, or rights of publicity or privacy;
   2. does not violate any local, state, federal or international law, statute, ordinance or regulation, including but not limited to those involving the transmission of technical data or software exported from the U.S. through WNIA.com/.net ;
   3. is not unlawful, harassing, abusive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable in any way;
   4. will not attempt to unauthorized access to WNIA.com/.net, other accounts, computer systems or networks connected to WNIA;
   5. will not interfere with another member's account; or
   6. does not contain viruses, or other similar harmful programming.



2. Registration Data. In consideration for the Email service, you agree to provide WNIA with current, complete, and accurate registration information (the "Registration Data") as prompted and to update this information as required to keep it current, complete, and accurate.



3. Privacy. WNIA will not intentionally monitor or disclose any private e-mail message or address information to third parties unless required by law, regulation, court order, or legitimate administrative purpose. Messages that you send may be received by the addressee with your name and Internet Protocol (IP) address contained within the header of your message. WNIA.com/.net is NOT an anonymous email service. WNIA.com/.net WILL NOT release the Registration Data or any associated information to third parties. You may receive information and updates from WNIA periodically, and have the right to opt-out of any communications not directly related to the operation of the Email Services.



4. Personal Use. Your right to use the Email Services is personal to you. You may not use it for unauthorized commercial use. You agree not to resell the Email Services without the express consent of WNIA.com/.net, which consent may be withheld by WNIA in its sole discretion. Please guard your account password, as you are liable for all uses of your account, including any unauthorized use. You agree to notify WNIA immediately of any unauthorized use of your account or password, as well as any unauthorized or improper behavior by you, any first Generation User , any Subsequent Generation User, or any third party.



5. Indemnification. You will, and hereby do, indemnify and hold harmless WNIA, its employees, directors, officers, agents, representatives, successors and assigns (collectively, for the purposes of this provision, "the Indemnitee") from any and all liability, loss, or damages including but not limited to, bodily injury, illness, death or property damage (which, in turn, includes but is not limited to, lost profits or income, lost business opportunity, or lost earnings) which Indemnitee becomes legally obligated to pay (including reasonable attorneys fees and court costs) as a result of claims, demands, costs or judgments arising out of your use the Email Services caused by or arising out of the negligence, fault, breach of warranty, products liability or strict negligence of you, the Indemnitee, or third parties, whether such negligence, fault, breach of warranty, or liability is sole, joint or several.



6. Term. This Agreement shall continue while you use the Email Services. You may terminate your use at any time. WNIA may terminate your use of the Email Services at any time, with or without cause , and without notice. Upon termination by either party, WNIA may immediately delete all email files in your account and bar any further access to such files or the Service, and may delete any accrued amount in your account. The provisions of Sections 1, 3, 5, 7, 8, 9 and 13 will survive any such termination.



7. Disclaimer of Warranties. YOU USE the Email Services AT YOUR SOLE RISK. The Email Services ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WNIA.com/.net EXPRESSLY DISCLAIM 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.
• WNIA MAKES NO WARRANTY THAT THESE SERVICES WILL MEET YOUR REQUIREMENTS, OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES WNIA MAKE ANY WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED THROUGH THESE SERVICES MEET YOUR NEEDS OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
• WNIA MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THESE SERVICES.
• Limitation of Liability. WNIA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR INTERRUPTED, UNTIMELY, UNDELIVERED, INCORRECT, INSECURE, OR ERRONEOUS COMMUNICATIONS, LOST DATA OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF WNIA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.



8. Proprietary Rights. Content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to you by WNIA or its advertisers may be protected by copyrights, trademarks, or other intellectual property rights and laws. You may use this material only as expressly authorized by WNIA or its advertisers, and may not copy, transmit, or create derivative works of such content or information without express written authorization.



9. Modifications. WNIA may change these Terms of Use from time to time, and you agree to be accept and be bound by any such changes, regardless of whether you receive actual or constructive notice of the same.



10. Miscellaneous. This Agreement is governed by the laws of the State of Maryland without giving effect to principles of conflict of laws. Any lawsuit filed in connection with or arising from the terms of the Agreement shall be filed only in Baltimore, MD, and you hereby waive any objections to such venue or jurisdiction. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. WNIA's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire agreement between you, WNIA and supersedes any prior agreements pertaining to the subject matter contained herein.