Terms of Service Agreement
for Email Services


Welcome to Email Services by Powers Enterprise, LLC

These Powers Enterprise, LLC Rules and Regulations are covered, along with additional rules and regulations in the detailed Powers Enterprise, LLC Terms of Service below. This is to notify you that by using Powers Enterprise, LLC services and thereby agreeing to the Powers Enterprise, LLC Terms of Service, you agree to the following:


  1. You will not use the service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.

  2. You will not transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.

  3. You agree not to use the service for illegal purposes.


Powers Enterprise, LLC TERMS OF SERVICE
  • ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
    The Powers Enterprise, LLC Service (Service), owned and operated by Powers Enterprise, LLC, ( Powers Enterprise, LLC), is provided to you under the terms and conditions of this Powers Enterprise, LLC Terms of Service (PETS) and any operating rules or policies that may be published by , LLC. The PETS comprises the entire agreement between You and Powers Enterprise, LLC and supersedes all prior agreements between the parties regarding the subject matter contained herein. The PETS may be updated by us from time to time without notice to you. You can review the most current version of the PETS at any time at: http://www.PowersEnterprise.com/tosemail/emailservice_tos.html. In addition, when using particular Powers Enterprise, LLC services, you 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 (includin g but not limited to our Spam Policy) are hereby incorporated by reference into the PETS. By using our services, using an email account, downloading software from Powers Enterprise, LLC or otherwise interacting with our Service, you are indicating your agreement to be bound by all of the terms and conditions of the PETS.

  • DESCRIPTION OF SERVICE
    Powers Enterprise, LLC currently provides users with access to a wide array of resources, including, various communications tools, forums, shopping services, personalized content and branded programming through its network of properties (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Powers Enterprise, LLC to provide the Service. You also understand and agree that the service may include certain communications from , LLC, such as service announcements and administrative messages, and that these communications are considered part of Powers Enterprise, LLC services and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Powers Enterprise, LLC properties, shall be subject to the PETS. You understand and agree that the Service is provided " ;AS-IS" and that Powers Enterprise, LLC assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

    You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

  • YOUR INFORMATION OBLIGATIONS
    In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's order form (such information being the "Purchase Data") and (b) maintain and promptly update the order Information Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Powers Enterprise, LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Powers Enterprise, LLC has the right to suspend or terminate your usage of designated email account and refuse any and all current or future use of the Service (or any portion thereof). Powers Enterprise, LLC is concerned about the safety and privacy of all its users, particularly children. For this reason, children under the age of 13 are prohibited from using the service without supervision by a legal guardian. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content are appropriate for your child.

  • EMAIL ADDRESS PASSWORD AND SECURITY
    You will receive a password and email address upon completing the Service's Order process. You are responsible for maintaining the confidentiality of the password for the email address, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Powers Enterprise, LLC of any unauthorized use of the password assigned to the email account service or any other breach of security, and (b) ensure that you keep your password secret. Powers Enterprise, LLC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

  • YOUR CONDUCT
    You understand that all information, text, data, software, music, sound, photographs, graphics, video, messages or other materials ("Content") privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not , LLC, are entirely responsible for all Content that you upload, email, transmit or otherwise make available via the Service. Powers Enterprise, LLC does not control the Content sent via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Powers Enterprise, LLC 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, transmitted or otherwise made available via the Service.

    You agree to not use the Service to:

    • upload, email, post, transmit or otherwise make available 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 entity, including, but not limited to, a Powers Enterprise, LLC official or forum leader, 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, transmit or otherwise make available any Content that you do not have a right to make available 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, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
    • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose.
    • upload, post, email, transmit or otherwise make available 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.
    • collect or store personal data about other users.
    You acknowledge that Powers Enterprise, LLC may not pre-screen Content, but that Powers Enterprise, LLC 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, Powers Enterprise, LLC and its designees shall have the right to remove any Content that violates the PETS or is otherwise objectionable. You agree that 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 acknowledge that you may not rely on any Content created by Powers Enterprise, LLC or submitted to , LLC, including without limitation information in Powers Enterprise, LLC Message Boards, and in all other parts of the Service.

    You acknowledge, consent and agree that Powers Enterprise, LLC may access, preserve, and disclose your email informati on and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the PETS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Powers Enterprise, LLC, its users and the public.

    You understand that 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 understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Powers Enterprise, LLC and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

  • SPECIAL ADMONITIONS FOR INTERNATIONAL USE
    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.

  • CONTENT MADE AVAILABLE FOR INCLUSION ON THE SERVICE
    Powers Enterprise, LLC does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available to the Service, you grant Powers Enterprise, LLC the following world-wide, royalty free and non-exclusive license(s), as applicable: The license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service for the purposes of providing and promoting Powers Enterprise, LLC Services. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Powers Enterprise, LLC removes such Content from the Service.

  • INDEMNITY
    You agree to indemnify and hold Powers Enterprise, LLC, 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, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the PETS, or your violation of any rights of another.

  • NO RESALE OF SERVICE
    You agree not to 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.

    You understand it is a breach of the PETS to send commercial bulk e-mail, also known as spam, containing a Powers Enterprise, LLC e-mail address as the "From" or "Reply-To" address. As compensation for such a breach of contract, user agrees to pay Powers Enterprise, LLC US $10,000 each day user sends commercial bulk e-mail, containing a Powers Enterprise, LLC E-MAIL address as the "From" or "Reply-To" address. Powers Enterprise, LLC e-mail addresses owned by Powers Enterprise LLC or its designatees. Commercial use of the Service that is compliant with this PETS is permitted.

  • GENERAL PRACTICES REGARDING USE
    You acknowledge that Powers Enterprise, LLC 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 email account owned by the Powers Enterprise, LLC or its designatees, the maximum size of any email message that may be sent from or received by an account owned by the , LLC or its designatees, the maximum disk space that will be allotted on Powers Enterprise, LLC'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. You agree that Powers Enterprise, LLC 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. You acknowledge that Powers Enterprise, LLC reserves the right to log off or remove email services that are inactive for an extended period of time. You further acknowledge that Powers Enterprise, LLC reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

  • MODIFICATIONS TO SERVICE
    Powers Enterprise, LLC may change the terms and conditions of the PETS and reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently the Service (or any part thereof). You can review the most current version of the PETS at any time at: http://www. PowersEnterprise.com/terms_of_service_email/tos.html Your continued use of the Service constitutes an affirmative: (1) acknowledgment by You of the PETS and its modifications; and (2) agreement by You to abide and be bound by the PETS and its modifications; and (3) You agree that Powers Enterprise, LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

  • TERMINATION
    You agree that Powers Enterprise, LLC may, under certain circumstances and without prior notice, immediately terminate your , LLC email service (or any part thereof), any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the PETS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated email service termination), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your Powers Enterprise, LLC email service includes (a) removal of access to all offerings within the Service, including but not limited to Powers Enterprise, LLC email services (b) deletion of your password and all related information, files and content associated with or inside your email service (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Powers Enterprise, LLC's sole discretion and that Powers Enterprise, LLC shall not be liable to you or any third-party for any termination of your email service or access to the Service.

    Should You object to any terms and conditions of the PETS or any subsequent modifications thereto or become dissatisfied with the Service in any way, Your only recourse is to immediately: (1) discontinue use of the Service. Upon termination of the Service, Your right to use the Service and Software immediately ceases.

  • DEALINGS WITH ADVERTISERS
    Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Powers Enterprise, LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

  • LINKS
    The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Powers Enterprise, LLC has no control over such sites and resources, you acknowledge and agree that Powers Enterprise, LLC 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 Powers Enterprise, LLC 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.

  • Powers Enterprise, LLC'S PROPRIETARY RIGHTS
    You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Powers Enterprise, LLC or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

    Powers Enterprise, LLC grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reve rse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Powers Enterprise, LLC for use in accessing the Service.

  • DISCLAIMER OF WARRANTIES

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    i. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" & "AS AVAILABLE" BASIS. Powers Enterprise, LLC 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.
    ii. Powers Enterprise, LLC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
    iii. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.
    iv. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Powers Enterprise, LLC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE PETS.
    v. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

    Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

  • LIMITATION OF LIABILITY
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT Powers Enterprise, LLC 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 Powers Enterprise, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) 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; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

  • NOTICE
    Notices to you may be made via either email or regular mail. However, Powers Enterprise, LLC reserves the right to modify or discontinue the Service with or without notice to You. The Service may also provide notices of changes to the PETS or other matters by displaying notices or links to notices to you generally on the Service.

  • NO THIRD PARTY BENEFICIARIES
    You agree that, except as otherwise expressly provided in this PETS, there shall be no third party beneficiaries to this Agreement.

  • TRADEMARK INFORMATION
    Powers Enterprise, LLC, the Powers Enterprise, LLC logo, PowersEnterprise.com, trademarks and service marks and other Powers Enterprise, LLC logos and product and service names are trademarks of Powers Enterprise, LLC. (the " Powers Enterprise, LLC Marks"). Without Powers Enterprise, LLC's prior permission, you agree not to display or use in any manner, the Powers Enterprise, LLC Marks.

  • GENERAL INFORMATION
    Entire Agreement. The PETS constitute the entire agreement between you and Powers Enterprise, LLC and govern your use of the Service, superceding any prior agreements between you and Powers Enterprise, LLC. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Powers Enterprise, LLC services, affiliate services, third-party content or third-party software.

    Choice of Law and Forum. The PETS and the relationship between you and Powers Enterprise, LLC shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Powers Enterprise, LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Honolulu, Hawaii.

    Waiver and Severability of Terms. The failure of Powers Enterprise, LLC to exercise or enforce any right or provision of the PETS shall not constitute a waiver of such right or provision. If any provision of the PETS 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 PETS remain in full force and effect.

    No Right of Survivorship and Non-Transferability. You agree that your Powers Enterprise, LLC email service is non-transferable and any rights to contents within your email service upon your death. Upon receipt of a copy of a death certificate, your email service may be terminated and all contents therein permanently deleted.

    Statute of Limitations. 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 the PETS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    The section titles in the PETS are for convenience only and have no legal or contractual effect.

    Please report any violations of the PETS to Powers Enterprise, LLC via email.






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