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Welcome to the eGroups.com service (the "Service"), provided to you by EGroups. The Service provides you with a host of services on our site, including the capability to send e-mails to multiple recipients via our mailing list system, to read e-mails on members-only mailing lists, and to create and manage mailing lists.

The following are the terms and conditions for use of this Service, along with any amendments thereto, and any operating rules or policies that may be published from time to time by EGROUPS (collectively, the "Terms of Use"). Please read them carefully.

BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON, YOU ARE STATING THAT YOU ARE AT LEAST 18 YEARS OF AGE OR A MINOR WITH PARENTAL CONSENT TO USE THIS SERVICE, THAT YOU ARE ELIGIBLE TO USE THIS SERVICE, AND THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS TERMS OF USE.

1. USER REGISTRATION, ACCOUNT, PASSWORD AND SECURITY

   To use our Service, you must complete a Registration Form. In addition, to create a mailing list on EGROUPS, you must complete the "Creating a New E-Mail Group" form. By providing information to EGROUPS through these forms, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the forms, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you on these forms is untrue, inaccurate, not current or incomplete, EGROUPS has the right to terminate your account and/or any mailing list created under your account, and refuse any and all current or future use of the Service.

   You will receive a password and account designation upon completing the Registration Form. You are responsible for maintaining the confidentiality of the password.

   All e-mail messages sent through the eGroups mailing list system are archived. Archives may be private or public. If an archive is intended to be private, it is the sole responsibility of the user who has created the mailing list ("List Manager") to use the list system properly to make sure that such privacy is achieved, including by determining appropriate list policies and securely managing passwords and other access capabilities.

   You agree to notify EGROUPS immediately of any unauthorized use of your password or account or any unauthorized use of any list created under your account. You also agree to notify EGROUPS immediately of any other breach of security.

2. MEMBER PRIVACY

   It is EGROUPS’s policy to respect the privacy of its users. Please refer to EGROUPS’s PRIVACY POLICY for more information.

   You agree that EGROUPS may access and disclose any information, including user names and other information, if EGROUPS believes in good faith that such action is reasonably necessary to comply with applicable laws and lawful government requests, to operate its systems properly, or to protect itself, its members, or others. In addition, please be aware that due to the nature of the Internet and other factors, privacy in your communications cannot be guaranteed, and you should bear this in mind when deciding whether to transmit confidential information or any other information via EGROUPS’s Service.

3. MEMBER CONDUCT

   The Service is designed to promote the free-flowing exchange of ideas about your interests and activities.

   The opinions and views expressed in the mailing lists do not reflect those of EGROUPS. The contents of mailing lists are based on data submitted by individual users, and EGROUPS does not review, screen or edit messages posted on the Mailing Lists. Nonetheless, EGROUPS reserves the right but not the duty to monitor or remove any information transmitted or received through the service, to terminate your account and use of the Service, or to remove any mailing list from the system at any time, without notice, in EGROUPS’s sole discretion. EGROUPS encourages you to bring violations of the Terms of Use to EGROUPS’s attention, although we do not guarantee any action based on such information.

   You agree to abide by all applicable local, state, national and international laws and regulations, and that you are solely responsible for all acts or omissions that occur on any list created by you or that occur under your account or password, including the content of any and all e-mails that you send to any of the eGroups mailing lists and the activities occurring on any mailing list created under your account.

   By way of example, and not as a limitation, you agree that EGROUPS may remove content or messages, or terminate your account or any list created by you, if EGROUPS believes, in its sole discretion, that you are engaged in any of the following activities:

1. Creating a list containing nudity or pornographic or other material harmful to a minor without limiting that list to persons age 18 or over, or posting such material to a list that is not limited to persons age 18 or over;
2. Using the service for illegal purposes or for posting material that is unlawful, harassing, abusive, threatening, harmful, vulgar, obscene, tortuous, libelous, invasive of another’s privacy, or otherwise objectionable, including but not limited to material that contains blatant expressions of bigotry, prejudice, racism, hatred, or profanity, or that promotes or provides instructional information about illegal activities or promotes physical harm or injury against any group or individual;
3. Violating the rights of third parties, including but not limited to rights of publicity, copyright, trademark, patent, trade secret and other intellectual property rights, or using the Service for acts of intellectual property infringement, including but not limited to offering pirated computer programs or links to such programs;
4. Interfering with or disrupting the Service -- or servers, computer systems, or networks connected to the Service -- or violating the regulations, policies, or procedures of such networks, or interfering with another user’s use and enjoyment of the Service, including but not limited to (a) transmitting any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs, or (b) attempting to gain unauthorized access to the Service, other’s accounts on the Service, or private mailing lists on the Service through password mining or any other means;
5. Violating any United States law regarding the transmission of technical data or software exported from the United States through the Service, or posting information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities (this also includes files which are solely intended for copyrighted game emulation);
6. Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
7. Providing false information on your registration form, or attempting to mislead others as to the identity of the sender or the origin of a message; or,
8. Distributing content that consists of hyperlinks to sites that contain content not allowed on the Service.

5. TERMINATION

   Any misuse of the Service will cause termination of your account and/or any list created by you. In addition, mailing lists that are not maintained, periodically viewed or active may be removed without notice.

   EGROUPS reserves the right to delete all data and files in your account and bar any further access to such files, and to delete all data and files in and remove any Mailing List, with or without cause at any time, for any reason or no reason, and/or to terminate your use of the Service with or without cause at any time and effective immediately, without prior notice.

6. NO SPAM

   EGROUPS will immediately terminate any account that it believes, in its sole discretion, is transmitting or is otherwise connected with any junk mail, spam, chain letters, or other unsolicited bulk e-mail, commercial or otherwise.

7. NO RESALE OF SERVICE

   You agree not to resell the Service or use of or access to the Service.

8. INDEMNIFICATION

   You agree to indemnify, defend and hold harmless EGROUPS and its parents, subsidiaries, affiliates, officers, and employees from any loss, liability, claim, demand, damage, or expenses (including reasonable attorney’s fees) asserted by any third party due to or arising from or in connection with your use of or conduct on the Service. EGROUPS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.

9. MODIFICATIONS TO TERMS OF USE OR TO THE SERVICE

   EGROUPS reserves the right to change the Terms of Use at any time without notice. EGROUPS also reserves the right to modify or discontinue the Service, temporarily or permanently, with or without notice to you. You agree that EGROUPS shall not be liable to you or any third party for any modification to or discontinuance of the Service.

10. YOUR PROPRIETARY RIGHTS

    You agree that upon posting information on the Service, you grant EGROUPS, and its successors and assigns, a non-exclusive, worldwide, royalty free, perpetual, non-revocable license under your copyrights or other intellectual property rights, if any, in such material, to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in any manner, in whole or part, without any duty to account to you. You also grant EGROUPS the right to authorize the downloading and printing of such material, or any portion thereof, by endusers for their personal use.

11. EGROUPS'S PROPRIETARY RIGHTS

    You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, graphics, video, page layout and design or other material contained in the Service or information presented through the Service by EGROUPS or EGROUPS’s advertisers is protected by their copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that EGROUPS can display images and text throughout the Service, including the insertion of sponsor messages into messages distributed on eGroups mailing lists. Content received through the Service may be displayed, reformatted, and printed by you for your personal, non-commercial use only. You agree not to modify, copy, reproduce, republish, upload, post, transmit, sell or distribute in any way content available through the Service, including code and software.

12. EXTERNAL LINKS

    The Service contains links to other Internet sites, resources and members of the Service. We are not responsible for the availability of these outside resources, or their contents, nor do we endorse nor are we responsible for any of the contents, advertising, products or other materials on such sites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods or services available on such sites. Any concerns regarding any external link should be directed to its respective site administrator or webmaster.

13. DISCLAIMER OF WARRANTIES

    THE MATERIALS AVAILABLE THROUGH EGROUPS AND ANY THIRD PARTY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. EGROUPS DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON THE SERVICE. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.

    EGROUPS IS NOT RESPONSIBLE FOR THE CONTENT OF MESSAGES DISTRIBUTED THROUGH MAILING LISTS, AND ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF INFORMATION DISTRIBUTED THROUGH THIS SERVICE.

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EGROUPS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

    EGROUPS MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, NOR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. EGROUPS DOES NOT MAKE ANY WARRANTY OR REPRESENTATION AS TO THE USE OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE. EGROUPS MAKES NO WARRANTY THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    EGROUPS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES OR THE DELIVERY OF ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM MAILING LISTS OR ADVERTISED THROUGH ITS SPONSORS OR MAILING LISTS, OR REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH SUCH LISTS.

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EGROUPS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

14. LIMITATION OF LIABILITY

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL EGROUPS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, FROM THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF EGROUPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    YOU SPECIFICALLY AGREE THAT EGROUPS IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. IF YOU ARE DISSATISFIED WITH THE SERVICE, THE MATERIALS AVAILABLE ON OR THROUGH THE SERVICE, OR WITH ANY OF EGROUPS’S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING EGROUPS.

    YOU AGREE THAT EGROUPS IS NOT RESPONSIBLE FOR ANY LOSS OF DATA RESULTING FROM OUR DELETION OF MAILING LISTS, FROM NETWORK OR SYSTEM OUTAGES, FROM FILE CORRUPTION OR ANY OTHER REASON.

    YOU FURTHER AGREE THAT EGROUPS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.

    SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, CONDITIONS, AND/OR LIABILITY FOR SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

15. MISCELLANEOUS

    The Terms of Use and the relationship between you and EGROUPS shall be governed by and construed in accordance with the laws of the State of California and the United States without regard to conflict of law provisions. You and EGROUPS agree to submit to the personal and exclusive jurisdiction of the courts located in the county of San Francisco in the state of California.

    The failure of EGROUPS to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid or contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the parties' intentions, and the other provisions of the Terms of Use shall remain in full force and effect.

    You agree 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 Service or to the Terms of Use must be commenced within one (1) year after such claim or cause of action arose or be forever barred.

    The section titles in the Terms of Use are for convenience only and have no legal or contractual effect or significance.

16. LANGUAGE

    It is the express wish of the parties that the Terms of Use and all related documents have been drawn up in English. C’est la volenté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.