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SeeSay Terms of Use

Before you register for your SeeSay account, you must read and agree to the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"):

Although we may attempt to notify you via your registered email address when major changes are made, you should visit this page periodically to review the terms. SeeSay may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the SeeSay service. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.

1. Description of Service. SeeSay is a free email application from SeeSay (the "Service") that makes certain elements of the email message like links, attachments, images and email subject public and accessible to other people than the email recipients. You understand and agree that the Service may include content-targeted ads or other related information, as further described below and in the SeeSay Privacy Policy. In addition, you understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. SeeSay disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. SeeSay also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.

2. Personal Use. The Service is made available to you for your personal use only. Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. SeeSay reserves the right to refuse service to anyone at any time without notice for any reason.

3. Proper Use. You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by SeeSay; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates section 14 of this agreement, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. SeeSay reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

4. Content of the Service. SeeSay takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does SeeSay have any obligation to monitor such third party content. SeeSay reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. SeeSay also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of SeeSay, its users and the public. SeeSay will not be responsible or liable for the exercise or non- exercise of its rights under this Agreement.

5. Intellectual Property Rights. SeeSay's Intellectual Property Rights. You acknowledge that SeeSay owns all right, title and interest in and to the Service, including without limitation all intellectual property rights including US Pat. 11419500, pending patents (the "SeeSay Rights"), and such SeeSay Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The SeeSay Rights include rights to (i) the Service developed and provided by SeeSay; and (ii) all software associated with the Service. The SeeSay Rights do not include third-party content used as part of Service, including the content of communications appearing on the Service.

Your Intellectual Property Rights. SeeSay does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your SeeSay account. We will not use any of your content for any purpose except to provide you with the Service and allow others to view or download the content when they receive a link to your content.

6. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to SeeSay to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

7. Privacy. As a condition to using the Service, you agree to the terms of the SeeSay Privacy Policy as it may be updated from time to time. SeeSay understands that privacy is important to you. You do, however, agree that SeeSay may monitor, edit or disclose your personal information, including your comments on messages, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the SeeSay Privacy Policy. Personal information collected by SeeSay may be stored and processed in the United States or any other country in which SeeSay Inc. or its agents maintain facilities. By using SeeSay, you consent to any such transfer of information outside of your country.

8. Advertisements. As consideration for using the Service, you agree and understand that SeeSay will display advertisements and other information adjacent to and related to the content of the message. SeeSay serves relevant ads using a process that may include humans reading the message. No human will read your comments in order to target such advertisements or other information without your consent, and none of your comments or other personally identifiable information will be provided to advertisers as part of the Service.

9. Account Inactivity. After a period of inactivity, SeeSay reserves the right to disable or terminate a user's account. If an account has been deactivated for inactivity, the login name associated with that account may be given to another user without notice to you or such other party.

10. Publicity. Any use of SeeSay's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features") must be in compliance with this Agreement.

11. Termination; Cancellation. You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by providing notice to SeeSay at http://member.SeeSay.com/cancelaccount; provided, however, that a terminated account may continue to exist for up to five business days before such cancellation takes effect. SeeSay may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless SeeSay has previously canceled or terminated your use of the Services (in which case subsequent notice by SeeSay shall not be required), if you have provided an email address, SeeSay will notify you via email of any such termination or cancellation, which shall be effective immediately upon SeeSay's delivery of such notice. Sections 3, 4, 5, 7, and 11 - 13 of the Agreement,, shall survive expiration or termination.

12. Indemnification : Subscriber shall release, defend, indemnify and hold harmless SeeSay inc (including its officers, directors, employees, affiliates, contractors and agents) from and against any expense, loss, cost or liability (including, without limitation, attorney fees and paralegal fees) arising from any and all claims, demands, damages or actions resulting from or related to (i) use by Subscriber of the Internet, SeeSay or products or services offered through the SeeSay (including, without limitation, any claims for breach of warranty, loss of data, libel, slander, invasion of privacy or false advertising); (ii) performance of the SeeSay; (iii) Subscriber’s negligence or any tortious acts (or failures to act) of Subscriber; (iv) products or services offered through the SeeSay]; and (v) any breach by Subscriber of the obligations of Subscriber under this Agreement.

13. Choice of Law; Jurisdiction. These Terms of Use will be governed by and construed in accordance with the laws of the State of Virginia, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in the City of Fairfax, Virginia, and you consent to the jurisdiction of such courts.

14. Prohibited Actions

users may not:

* Generate or facilitate unsolicited commercial email ("spam"). Such activity includes, but is not limited to
* sending email in violation of the CAN-SPAM Act or any other applicable anti-spam law
* imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam
* selling, exchanging or distributing to a third party the email addresses of any person without such person's knowing and continued consent to such disclosure
* Forwarding unsolicited messages to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship
* Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content
* Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, cross-site scripts or any other items of a destructive or deceptive nature
* Conduct or forward pyramid schemes and the like
* Transmit content that may be harmful to minors
* Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email
* Illegally transmit another's intellectual property or other proprietary information without such owner's or licensor's permission
* Copying another member's comments in full or part, in your own blog entry or comments using any means of copying available.
* Use SeeSay to violate the legal rights (such as rights of privacy and publicity) of others
* Promote or encourage illegal activity
* Interfere with other SeeSay users' enjoyment of the Service
* Create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretenses
* Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer any SeeSay account
* Modify, adapt, translate, or reverse engineer any portion of the SeeSay Service
* Remove any copyright, trademark or other proprietary rights notices contained in or on the SeeSay Service
* Reformat or frame any portion of the web pages that are part of the SeeSay Service
* Use the SeeSay Service in connection with illegal peer-to-peer file sharing

15. Security. You must promptly notify SeeSay of any breach of security related to the Services, including but not limited to unauthorized use of your password, account or email address. To help ensure the security of your password or account, please sign out from your account at the end of each session.

16. Account Inactivity. SeeSay will terminate your account in accordance with Section 9, if you fail to login to your account for a period of three months.

17. WARRANTY LIMITATION : SeeSay IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. CORPORATION, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY DISCLAIMS AND SUBSCRIBER HEREBY WAIVES ALL WARRANTIES BY CORPORATION, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS IN CONNECTION WITH SeeSay AND PRODUCTS AND SERVICES OFFERED THROUGH SeeSay . CORPORATION DOES NOT WARRANT AND SUBSCRIBER HEREBY WAIVES ANY WARRANTY THAT USE OF OR ACCESS TO SEESAY BY SUBSCRIBER WILL BE UNINTERRUPTED OR ERROR FREE. CORPORATION DOES NOT MAKE ANY WARRANTY AND SUBSCRIBER HEREBY WAIVES ANY AND ALL WARRANTIES AS TO THE RESULTS OBTAINED FROM USE OF SeeSay OR AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF SeeSay. SUBSCRIBER HEREBY ACKNOWLEDGES AND AGREES THAT USE OF THE INTERNET AND SeeSay SHALL BE AT THE SOLE AND EXCLUSIVE RISK OF SUBSCRIBER AND SUBJECT TO THE RESTRICTIONS, TERMS AND CONDITIONS, RULES, REGULATIONS, POLICIES, APPLICABLE LAWS AND CODES OF CONDUCT GOVERNING THE INTERNET AND SeeSay.

18. Inaccuracies: Subscriber hereby acknowledges that SeeSay may contain errors, inaccuracies and omissions. Subscriber shall assume any and all risk of loss, harm or damage associated with Subscriber access to and use of SeeSay.

19. Limitation of Liability : Corporation shall not be liable for any lost profits or consequential, exemplary, incidental or punitive damages (including, without limitation, in connection with (i) use, performance or operation of SeeSay; (ii) use, performance or operation of the Internet or use of the Internet by Subscriber; (iii) loss of data; AND (IV) PRODUCTS AND SERVICES OFFERED THROUGH SEESAY ), regardless of the form of action, whether in contract or in tort, including negligence, AND regardless of whether Corporation has been advised of the possibility of such damages in advance or whether such damages are reasonably foreseeable.

20. Links: Subscriber hereby acknowledges that SeeSay may contain Links to third party Web Sites. Any such Links are provided solely as a convenience to Subscriber and do not constitute an endorsement by Corporation of such Web Sites and the third party content therein.

21. Entire Agreement : This Agreement contains the entire understanding of the parties relating to the subject matter hereof and supersedes all previous verbal and written agreements between Corporation and Subscriber relating to the subject matter hereof.