Terms of Service
The following are the Terms of Service (TOS) for use of the iMahal service (the "Service"), which includes, but is not limited to, web-based email, instant messenger, and bulletin boards. Please read them carefully before registering for your account. By clicking the "I Accept" link you acknowledge and agree to all the terms of service in this agreement.
iMahal provides users with access to various online resources. Unless explicitly stated otherwise, any new features that augment current iMahal services, including the release of new iMahal properties, shall be subject to the TOS. You understand and agree that the Service is provided as-is and that iMahal assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
To use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
In consideration of your use of the Service, you agree to provide true, accurate, and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data"). If you provide any information that is untrue, inaccurate, or incomplete, or iMahal has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, iMahal has the right to suspend or terminate your account and refuse any and all current or future use of the Service.
You are responsible for maintaining the confidentiality of your password and your account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify iMahal of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit, log out, from your account at the end of each session. iMahal cannot and will not be liable for any loss or damage arising from your failure to control the security of your account.
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not iMahal, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. iMahal does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. By using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will iMahal be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
By way of example, and not as a limitation, you agree not use the Service to:
- Upload, post, email 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.
- Harm minors in any way.
- Impersonate any person or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service.
- Upload, post, email 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).
- Upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
- Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
- Upload, post, email 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.
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
- Intentionally or unintentionally violate any applicable local, state, national, or international law.
- Stalk or otherwise harass another person.
- Collect or store personal data about other users.
iMahal does not pre-screen Content, but iMahal and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, iMahal and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you shall not rely on any Content created by iMahal or submitted to iMahal in all parts of the Service.
iMahal may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of iMahal, its users and the public.
The technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You will not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Any dealings with Advertisers on the Service, as well as participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the Advertiser or other third party. iMahal shall not be responsible or liable for any part of any such dealings or promotions.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You indemnify and hold iMahal, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
iMahal may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on iMahal's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. iMahal has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. iMahal reserves the right to log off accounts that are inactive for an extended period of time. iMahal reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
iMahal, in its sole discretion, may terminate your password, account (or any part thereof), or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if iMahal believes that you have violated or acted inconsistently with the letter or spirit of the TOS. iMahal may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. Any termination of your access to the Service under any provision of this TOS may be effected without prior notice; iMahal may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, iMahal shall not be liable to you or any third-party for any termination of your access to the Service.
If you wish to terminate your account, your only recourse is to discontinue use of the account. In addition, iMahal may terminate your account for inactivity, which is defined as failing to log into the Service for an extended period of time, as determined by iMahal. The amount of time that iMahal currently views as an "extended" period of time is a first log-on 20 days or later after registration, and, after an initial log-on, 60 days since your last log-on.
In all cases, upon termination of the Service, your right to use the Service immediately ceases and, except in cases where it is reclaimed by iMahal for a specific use, the account userid will be made available for others to select in registration. iMahal shall have no obligation to maintain any data in your account or to forward any messages to you or any third party.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because iMahal has no control over such sites and resources, you acknowledge and agree that iMahal is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that iMahal shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
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 you by the Service, by iMahal, or by iMahal's advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You shall not make a copy of this content for your personal or other use without the express written consent of the copyright, trademark, service mark, patent, or other proprietary rights owner. You shall not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software.
Disclaimer of Warranties
Your use of the Service is at your sole risk. The Service is provided on an as-is and as-available basis. iMahal 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.
iMahal makes no warranty that:
- The Service will meet your requirements.
- The Service will be uninterrupted, timely, secure, or error-free.
- The results that may be obtained from the use of the Service will be accurate or reliable.
- The quality of products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
- Any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk. You are solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from iMahal or through or from the Service shall create any warranty not expressly stated in the TOS.
Limitation of Liability
iMahal shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if iMahal has been advised of the possibility of such damages), resulting from:
- The use or the inability to use the Service.
- The cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Service.
- Unauthorized access to or alteration of your transmissions of data.
- Statements or conduct of any third party on the Service.
- Any other matter relating to the Service.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exlcusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of the prior two sections may not apply to you.
Notices to you may be made via either email or postal mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
iMahal and other iMahal logos and product and service names are trademarks of iMahal Inc. (the "iMahal Marks"). Without iMahal's prior permission, you agree not to display or use in any manner, the iMahal Marks.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
The amount of email storage space per member is currently limited to 3MB, and some messages may not be processed due to space constraints or outbound message limitations. iMahal is not responsible or liable for the deletion or failure to store any email messages.
The TOS constitute the entire agreement between you and iMahal and govern your use of the Service, superceding any prior agreements between you and iMahal. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and iMahal shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and iMahal agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Mateo, California. The failure of iMahal to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
iMahal reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that iMahal shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
These Terms of Service may be updated by iMahal from time to time without notice to you. You can review the most current version of the TOS at any time at the iMahal website. In addition, when using particular iMahal services, you and iMahal shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
By clicking the "I Accept" link at the end of this sentence, you acknowledge and agree to ALL the terms of service in this agreement: