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The
Safe Quote Service Agreement is a legal document that
details your rights and obligations as a Safe Quote
Member. The Safe Quote Web Site and related services are
offered to you conditioned upon your acceptance without
modification of these Terms of Service. The Terms of Service
provide very important information about your Safe Quote
membership, so you should take the time to read and
understand them. From time to time, it may be necessary for
Safe Quote to update or revise certain provisions of the
Terms of this Service Agreement. By joining Safe Quote
and accepting the this Service Agreement, you agree that Safe Quote
may change the terms of this Service Agreement
in its sole discretion without specific notice to you. If
you don't agree to the changes proposed by Safe Quote,
or to any terms in this Service Agreement, your only remedy
is to cancel your Safe Quote membership.
1.
Description of Service
Safe Quote
operates this Web site and associated web pages,
which, for purposes of these Terms of this Service
Agreement, will be referred to as the Safe Quote Web
Site. Safe Quote offers you access to the Safe Quote
Web Sites, which provides you access to a collection of
on-line resources, including Web site hosting services (the
Service). Safe Quote offers you access to the Safe Quote
Web Site in exchange for your payment of the fees and
your agreement to accept and comply with the terms,
conditions, and notices stated here and as may be modified
by Safe Quote from time-to-time in its sole discretion
without notice to you. Notwithstanding the foregoing, Safe Quote
reserves the right to reject any Member
registration for any reason. Unless explicitly stated
otherwise, any new features or products that change, augment
or enhance the current Service shall be subject to this
Service Agreement.
2.
General Use of the Safe Quote Web Site
You
promise that you will not use Safe Quote, in whole or in
part, for any purpose that is unlawful or prohibited by this
Service Agreement. You agree that you will not modify, copy,
distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, frame in another web
page, use on any other Web site, transfer, or sell any
information, software, lists of users, databases or other
lists, products or services provided through or obtained
from the Safe Quote Web Site other than for use in
creating the Member Web Site in accordance with this Service
Agreement. This means, among other activities, that you
agree not to engage in the practices of screen scraping,
database scraping, or any other activity with the purpose of
obtaining lists of users or other information. You agree
that you will not use the Service in any manner that could
damage, disable, overburden, or impair the Safe Quote
Web Site or interfere with any other p! arty's use and
enjoyment of the Safe Quote Web Site. You may not obtain
or attempt to obtain any materials or information through
any means not intentionally made available or provided for
through the Safe Quote Web Site. Except with the written
permission of Safe Quote, you agree that you will not
access or attempt to access password protected, secure or
non-public areas of the Safe Quote Web Site.
Unauthorized individuals attempting to access prohibited
areas of the Safe Quote Web Site may be subject to
prosecution.
3.
Registration / Privacy Policy
In
order for you to participate in the Service, Safe Quote
will require that you provide specific information about
yourself and/or your business. If you choose to participate
and build your own Web site (Member Web Site), you agree to
provide true, accurate and complete information and to
refrain from impersonating or falsely representing your
affiliation with any person or entity (such information
being Member Data). Member Data and certain other
information about you and/or your business are subject to
our Privacy Policy. You agree and acknowledge that Member
Data from the registration process is used to send you
information about Safe Quote and the Service, including,
but not limited to, the use of your email address for
newsletters and other necessary company communication.
Although
privacy issues are very important to us, given the current
regulatory and technical environment you should not have an
expectation of privacy in your Member Web Site or any
content or Member Data associated with it. By way of example
(without limiting the foregoing), we may be forced to
disclose information to the government or third parties
under certain circumstances, or third parties may unlawfully
intercept your private communications. We cannot ensure that
all private communications or information associated with
your Member Web Site will remain private. For more
information, Safe Quote urges you to review the Safe Quote Privacy Policy that is part of this Agreement.
4.
Storage and Usage
You
acknowledge that Safe Quote may, from time to time,
establish general practices and limits concerning the use of
the Service, including without limitation, (i) the maximum
number of days that email messages, guest book entries,
discussion board postings or other content posted on your
Web Site will be retained by Safe Quote and (ii) the
maximum limits on bandwidth usage that will be allotted to
you. You agree that Safe Quote has no responsibility or
liability for the deletion or failure to store any content
maintained or transmitted by the Service. You further
acknowledge and agree that Safe Quote reserves the right
to change these general practices and limits at any time, in
its sole discretion, with or without notice.
5.
Content Submitted to Safe Quote
The
Safe Quote Professional Web Site includes a number of
venues such as Member Web Sites and web pages, discussion
boards and/or other message or communication facilities
designed to enable you to disseminate and exchange thoughts
and opinions to and with other members of the public. Since
Safe Quote firmly believes in the value of free and open
dissemination and exchanges, it is under no obligation to
monitor, pre-screen, or otherwise censor your thoughts and
opinions. Therefore, Safe Quote cannot be responsible
for the appropriateness, accuracy, sufficiency, correctness,
veracity, completeness, or timeliness of such thoughts and
opinions. Always use caution when posting any personally
identifying information about you or your employees on the
Safe Quote Web Site or any Member Web Sites.
6.
Member Conduct
The
Service is provided to assist you with the operation of your
business. Your right to use the Service is personal to you,
your company and its employees. You, and not Safe Quote,
are entirely responsible for all information, data, text,
software, music, sound, photographs, graphics, video,
messages or other materials (Member Content) posted via the
Service. Safe Quote does not control the Member Content
posted via the Service and as such, does not guarantee the
accuracy, integrity or quality of such content. Safe Quote
reserves the right, but is not obligated to review the
Member Content posted via the Service and to refuse or
remove any such materials in its sole discretion, without
notice at any time. Safe Quote also reserves the right
to disclose any information or materials as necessary to
satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or remove
any information or materials, in wh! ole or in part, from
the Member Content in Safe Quote sole discretion. With
respect to the content on your Safe Quote website you
agree not to:
a.
post, upload or otherwise transmit any content which is
misleading to others or impersonate any person or entity or
falsely state or otherwise misrepresent your affiliation
with a person or entity to others, including, but not
limited to, consumers;
b.
post, upload or otherwise transmit any content that is
inappropriate, harmful to minors, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, sexually
explicit, libelous, invasive of another's privacy, hateful,
or racially, ethnically or otherwise objectionable;
c.
post, upload or otherwise transmit any content that you do
not have a right to post and transmit under any law or under
contractual or fiduciary relationships (such as information
learned or disclosed as part of employment relationships or
under nondisclosure agreements);
d.
post, upload or otherwise transmit any content, such that
such posting, uploading, or transmission constitutes the
infringement of any patent, trademark, trade secret,
copyright or other proprietary rights of any party;
e.
post, upload or otherwise transmit any materials that
contain 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 and/or attempt to access the
accounts of others, or attempt to penetrate security
measures of Safe Quote, its vendors or suppliers or
other entities' systems (hacking), whether or not the
intrusion results in corruption or loss of data
f.
post, upload or otherwise transmit any materials that impose
an unreasonable or disproportionately large load on our
infrastructure that exceed the limits provided by your
membership;
g.
post, upload or transmit any unsolicited or unauthorized
advertising, promotional materials, spam, chain letters,
pyramid schemes, or any other form of solicitation;
h.
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;
i.
intentionally or unintentionally violate any applicable
local, state, national or international law, including, but
not limited to, regulations promulgated by the U.S.
Securities Exchange Commission, any rules of national or
other securities exchange, including without limitation, the
New York Stock Exchange, the American Stock Exchange or the
NASDAQ, and any regulations having the force of law;
j.
forge any headers or other manipulation of identifiers in
order to disguise the origin of any content transmitted
through the service;
k.
promote or provide instructional information about illegal
activities, promote physical harm or injury against any
group or individual, or promote any act of cruelty to
animals;
l.
resell, rent, license, lend, transfer or otherwise grant
access to Safe Quote Professional to any other person or
exploit for any commercial purpose Safe Quote services
by any and all means.
m.
sell, distribute, disseminate or link to any sites for
marketing, sales, distribution of: firearms, explosives,
ammunition, liquor, and tobacco products that (i) you cannot
legally sell, (ii) are misrepresented, and/or (iii) if sold
via your Member Web Site could cause Safe Quote to
violate any law, statute or regulation.
7.
Third Party Content
For
your convenience, the Safe Quote Web Site contains
content and information from third party providers and/or
links to their Web sites (Third Party Content). Such content
is not under the control of Safe Quote and Safe Quote
is not responsible for such content, including, without
limitation, any link contained in such content, or any
changes or updates to such content. Safe Quote does not
pre-screen contain available on the Safe Quote Service
and does not assume any responsibility or liability for the
content provided by others. Safe Quote is providing such
Third Party Content to you only as a convenience, and the
inclusion of such content does not imply endorsement by
Safe Quote of such content or the affiliate. You may be
subject to additional and/or different terms, conditions,
and privacy policies when you use third party services,
content, software, or sites. Safe Quote does reserve the
right to remove c! ontent that, in Safe Quote judgment,
does not meet its standards, but Safe Quote is not
responsible for any failure or delay in removing such
material.
OC
Safe Quote is not and will not be responsible for (i) the
terms and conditions of any transaction between you and any
third party, (ii) any insufficiency of or problems with any
such third party's background, insurance, credit or
licensing, or (iii) the quality of services performed by any
such third party or any other legal liability arising out of
or related to the performance of such services. In the event
that you have a dispute with any such third party, you
release Safe Quote (and its affiliates, suppliers,
agents and employees) from any and all claims, demands and
damages (actual and consequential) of every kind and nature,
known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with
such disputes.
8.
DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE
THAT:
A.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE AND OUR
SUPPLIERS PROVIDE OUR SERVICE, THE Safe Quote
PROFESSIONAL WEB SITE AND YOUR MEMBER WEB SITE AS IS AND
WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, TITLE
AND NON-INFRINGEMENT.
B.
Safe Quote AND OUR SUPPLIERS MAKE NO WARRANTY THAT (i)
THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND
(iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SERVICE WILL MEET YOUR EXPECTATIONS.
C.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE, THE Safe Quote WEB SITE OR MEMBER
WEB SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL.
9.
LIMITATION OF LIABILITY
IN
NO EVENT SHALL Safe Quote AND/OR OUR SUPPLIERS BE LIABLE
FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS
(HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF Safe Quote
OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH
(A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND REALTED
GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING
OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER
RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE
LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT
APPLY TO YOU IN NO EVENT SHALL Safe Quote BE LIABLE TO
MEMBER OR ANY THIRD PARTY IN AN AGGREGATE AMOUNT GREATER
THAN TH! E AMOUNT MEMBER ACTUALLY PAYS TO Safe Quote
UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING
THE DATE THE CLAIM AROSE OR $500.00, WHICHEVER IS LESS.
Without limiting the foregoing, neither Safe Quote nor
its suppliers is responsible for any of your data residing
on Safe Quote or its suppliers' hardware. You are
responsible for backing-up your data and information that
may reside on the Safe Quote or its suppliers' hardware,
whether or not such information is produced through the use
of Safe Quote. It is your responsibility to take the
necessary steps to ensure your primary means of business is
maintained.
10.
Proprietary Rights
Safe Quote does not claim ownership of the Content you
provide to Safe Quote or place on your Web Site.
However, you grant Safe Quote a worldwide, royalty-free,
non-exclusive license to (i) host, use, reproduce, modify,
distribute, transmit, combine with information provided by
third parties, and publicly display the Member Content on
and through the Safe Quote Web Site and in Safe Quote
promotional or advertising materials only for the
limited purpose of promoting the Service, and (ii)
sublicense to third parties such Member Content to the
extent necessary for the creation and maintenance of, in
part or in whole, such Web sites. No compensation will be
paid or due you with respect to Safe Quote or its sub
licensee use of the materials as licensed above. By posting
messages, uploading files, inputting data, submitting any
feedback or suggestions, or engaging in any other form of
communication with or through any Member Website,! you
warrant and represent that you own or otherwise control the
rights necessary to do so and to grant Safe Quote the
license set forth above, and you will defend and indemnify
Safe Quote and its suppliers from any third party claim
related to a breach of any of the foregoing representations
and warranties.
11.
Safe Quote Software Licenses
Safe Quote provides you with a non-exclusive,
non-transferable, limited license to use Safe Quote
software, which you agree to use in accordance with this
Service Agreement. You may not sub-license, or charge others
to use or access, our software without first obtaining
written permission from us. All software is owned by
Safe Quote and/or its suppliers and is protected to the
maximum extent permitted by copyright laws and international
treaty provisions. Any reproduction, modification or
redistribution of the software is expressly prohibited, and
may result in severe civil and criminal penalties.
Safe Quote software, its structure, sequence and
organization and source code are considered trade secrets of
Safe Quote and its suppliers and are protected by trade
secret laws. WITHOUT LIMITED THE FOREGOING, COPYING OR
REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR
FURTHER REPORDUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED! . YOU MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE
ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE
CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.
12.
Indemnification
You
agree to indemnify and hold Safe Quote and its
suppliers, affiliates, partners, subsidiaries, employees
harmless from any and all claims and demands, losses,
liability costs and expenses (including, but not limited to,
reasonable attorneys' fees), made by any third party due to
or arising out of (i) your violation of these Terms of
Service; and (ii) any information, included but not limited
to Member Data, and your publicly posted information,
submitted, posted, or otherwise provided by you to your
Member Web Site and/or Safe Quote and/or its affiliates.
These obligations will survive any termination of your
relationship with Safe Quote or your use of the
Safe Quote Professional Web Site. To the fullest extent
permitted by law, the foregoing indemnity will apply
regardless of any fault, negligence, or breach of warranty
or contract of Safe Quote and/or its suppliers,
affiliates, partners, subsidiaries and employees.
13.
Copyright and Trademark Notices
All
materials on the Safe Quote Web Site (as well as the
organization and layout of the Safe Quote Web Site) are
owned and copyrighted or licensed by Safe Quote, its
affiliates or its suppliers. All rights reserved. No
reproduction, distribution, or transmission of the
copyrighted materials at the Safe Quote Professional Web
Site is permitted without the written permission of
Safe Quote. Any rights not expressly granted herein are
reserved.
Safe Quote System Suite, Safe Quote, Safe Quote ,
the Safe Quote logo, Safe Quote Online, Safe Quote
Express, Safe Quote Publisher, Safe Quote
Storebuilder, and other Safe Quote logos and product and
service names are trademarks of Safe Quote. (the
Safe Quote Marks). Without Safe Quote prior permission,
you agree not to display or use in any manner, the
Safe Quote Marks.
14.
Notification of Claims of Copyright Infringement
Any
notifications of claimed copyright infringement should be
sent to Safe Quote Registered Agent. Please see
Safe Quote contact information on the Safe Quote
website.
15.
Modification
Safe Quote reserves the right at anytime and from time to
time to modify, discontinue, temporarily or permanently, the
Service (or any part thereof) with or without notice. You
agree that Safe Quote shall not be liable to you or to
any third party for any modification, suspension or
discontinuance of the Service. You further agree that
Safe Quote shall have the right to remove Elements from
your Member Web Site, with or without notice to you, at any
time at our sole discretion, if we discontinue offering the
Element for any reason.
16.
Termination and Cancellation
Either
you or Safe Quote may terminate or cancel your
membership at any time. You understand and agree that the
cancellation of your account is your sole right and remedy
with respect to any dispute with Safe Quote. This
includes, but is not limited to, any dispute related to, or
arising out of: (1) any term of this Service Agreement or
Safe Quote enforcement or application of any such term; (2)
any policy or practice of Safe Quote, including
Safe Quote Privacy Policy and Copyright Policy, or
Safe Quote enforcement or application of these policies;
(3) the content available through Safe Quote or any
change in content provided through Safe Quote; (4) your
ability to access or use the Safe Quote Professional Web
Site or your Safe Quote Web Site; or (5) the amount or
type of fees, surcharges, applicable taxes, billing methods,
or any change to the fees, applicable taxes, surcharges or
billing methods. All! other provisions of this Agreement
which may reasonably be construed as surviving such
termination will survive the termination of this agreement.
Either
you or Safe Quote may terminate or cancel your
membership at any time. You understand and agree that the
cancellation of your account is your sole right and remedy
with respect to any dispute with Safe Quote. This
includes, but is not limited to, any dispute related to, or
arising out of: (1) any term of this Service Agreement or
Safe Quote enforcement or application of any such term; (2)
any policy or practice of Safe Quote, including
Safe Quote Privacy Policy and Copyright Policy, or
Safe Quote enforcement or application of these policies;
(3) the content available through Safe Quote or any
change in content provided through Safe Quote; (4) your
ability to access or use the Safe Quote Professional Web
Site or your Safe Quote Web Site; or (5) the amount or
type of fees, surcharges, applicable taxes, billing methods,
or any change to the fees, applicable taxes, surcharges or
billing methods. All! other provisions of this Agreement
which may reasonably be construed as surviving such
termination will survive the termination of this agreement.
17.
General Information
This
Service Agreement shall be governed in all respects by the
laws of the State of Delaware, U.S.A. as such laws are
applied to agreements entered into and to be performed
entirely within Delaware between Delaware residents. Both
parties submit to exclusive jurisdiction and venue in the
courts located in Orange County, Delaware and further agree
that any cause of action arising under this Service
Agreement shall be brought in a court in Orange County,
Delaware. If any provision of these Terms of Service is held
to be invalid or unenforceable, such provision shall be
struck and the remaining provisions shall be enforced. Our
failure to act with respect to a breach by you or others
does not waive our right to act with respect to subsequent
or similar breaches. You may not assign or transfer this
Service Agreement or your rights in your Web Site, and any
attempt to the contrary is void. This Service Agreement sets
forth the entire understanding and agreement between us with
r! espect to the subject matter hereof. The section titles
in the Service Agreement are for convenience only and have
no legal or contractual effect. Each party is an independent
contractor and not an agent or representative of any other
party. No party shall have any right or authority to create
any obligation or make any representation or warranty in the
name or on behalf of any other party. This Agreement shall
not be interpreted or construed to create an association,
joint venture or partnership between the parties or to
impose any partnership obligation or liability upon any
party. A printed version of this Agreement shall be
admissible in judicial or administrative proceedings based
upon or relating to this Agreement to the same extent and
subject to the same conditions as other business documents
and records originally generated and maintained in printed
form.
18.
Information for Delaware Residents
Under
Delaware Civil Code Section 1789.3, Delaware Members are
entitled to the following specific consumer rights
information:
Pricing
Information - Current rates for using Safe Quote
Professional may be obtained by going to the pricing
schedule on the Safe Quote corporate Web Site.
Safe Quote reserves the right to change any fees,
surcharges, and monthly membership fees or to institute new
fees at any time.
a.
Complaints - The Complaint Assistance Unit of the Division
of Consumer Services of the California Department of Consumer
Affairs.
19.
Violations
Please
report any violations of these Terms of Service to our
support@safequote.com
20.
Independent Review
YOU
ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND ALL
RELATED SITE SCREENS REFERENCED AND INCORPORATED IN THIS
AGREEMENT AND THAT YOU AGREE TO ALL ITS TERMS AND
CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED ALL ASPECTS OF
THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE
TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND ARE NOT
RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER
THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.
The
following is a list of additional Terms of Service
information for some specific Safe Quote products and
services. These additional Terms of Service are in addition
to the above information.
21.
Email - Acceptable Use Definitions
i.
Member refers to the business entity that has contracted
with Safe Quote for e-mail services. Each Member may
have multiple domain accounts and each domain account may
have one or more End User.
ii.
End User refers to the person, persons, or entity using a
specific account (designated by a unique e-mail address)
within a domain controlled by the Member and operated by
Safe Quote.
a.
Unsolicited Bulk E-mail
Any
member who sends unsolicited advertisements or
solicitations, commercial or otherwise, may have their
account disabled and be disallowed further service. The
Member is responsible for ensuring that the email services
obtained from Safe Quote are used in an appropriate
manner by their End Users. Therefore, the Member must take
steps to manage the use of the services obtained in such a
way that network abuse is minimized. The Member must also
make contact information publicly available, and must
respond in a timely manner to any complaints. Safe Quote
shall consider any complaints regarding the Member's End
Users to apply to the Member. In extreme cases, Safe Quote
operations personnel have the option to immediately
disable any account in order to forestall further abuse or
damage to e-mail systems. Should this occur, the Member
shall be notified as soon as possible.
Unsolicited
advertisements or solicitations sent from other networks
which reference e-mail accounts hosted at Safe Quote
shall be treated as if they originated from the account
referenced, unless there is sufficient reason given for
Safe Quote operations staff to believe that the message
truly originated with some unrelated party
b.
Filtering of Incoming E-mail
As
owner of the equipment and other resources utilized to
provide services, Safe Quote has the legal right to
block electronic communications from other entities on the
Internet. Members should be aware that such blocking or
filtering might take place if deemed necessary by designated
members of the Safe Quote operations staff (or a third
party chosen by Safe Quote and made known to the
Member.) Whenever possible, the party being blocked shall be
made aware of such action before it occurs.
c.
Illegal Activities
Email
services offered may only be used for lawful purposes.
Transmission, distribution, or storage of any information,
data or material in violation of United States or of state
regulation or law, or by the common law, is prohibited. This
includes, but is not limited to, material protected by
copyright, trademark, trade secret, or any other statute.
Safe Quote reserves the right to cooperate with law
enforcement and other legal authorities in investigating
claims of illegal activity. Safe Quote and its suppliers
will not release any information regarding our Members
(excepting that which is public knowledge. The Member agrees
that Safe Quote judgment as to the validity of any such
order shall be considered proper and final.
d.
Right to Damages
Nothing
contained in this Section 24 shall be construed to limit
action Safe Quote may take or remedies available to us
in any way with respect to any of the described conduct.
Safe Quote reserves the right to take any additional
actions we may consider appropriate with respect to such
conduct, including without limitation taking action to
recover costs and expenses of identifying offenders and
removing them from our network or systems, and levying
cancellation charges to cover costs in the event of
disconnection for the causes outlined in this Policy
document. In addition, Safe Quote reserves at all times
all rights and remedies available to us with respect to such
conduct at law or in equity. Non-enforcement of any policy
or rule herein does not constitute consent or waiver, and
Safe Quote reserves the right to enforce such policy or
rule at its sole discretion.
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