[ZineZone] - terms of service

ZineZone's free zine program gives you the ability to create a home on the Web that reflects your hobbies, passions and interests. Zines created by our members span a wide range of subjects and offer a wealth of educational and enjoyable reading. ZineZone's live chat and bulletin boards are a place where you can share your questions and thoughts with other members. The following guidelines are intended to promote the exchange of information and ideas while also maintaining a code of conduct consistent with the world at large. Our rules are simple. Please refrain from using any of our services for the following activities:

Providing material which inspires or expresses hatred, intentionally or otherwise
Promoting or providing instructional information about illegal activities
Using your free zine for strictly commercial purposes
Displaying or linking to pornographic material

This Agreement sets forth the terms and conditions which apply to the use by you of ZineZone's zines and any other service offered by ZineZone or ZineZone Corporation. The right to use ZineZone's zines and ZineZone, and any other service offered by ZineZone, is personal to you and is not transferable.

1.Definitions. "ZineZone's zines" are the customizable online news and information directories  operated by ZineZone Corporation on the World Wide Web of the Internet (the "Service"). ZINEZONE is the interactive online service operated by ZineZone Corporation on the World Wide Web of the Internet consisting of information services and content provided by ZineZone Corporation, affiliates of ZineZone Corporation, and third parties. The Service and ZINEZONE are referred to collectively as the "Online Services." "Library" refers to the collection of ZineZone zines. "Member" means each person who establishes an account for access to the Service and/or uses any services made available on ZINEZONE for which registration is required. "Member Zine" refers to a personal zine, assembled by a Member. "Publication" refers to a Member notifying the Service of his or her desire to include his or her personal Zine in ZineZone Library, or a Member posting to any part of the Service.

2.General. ZineZone Corporation shall have the right at any time to change or discontinue any aspect or feature of the Service, ZineZone, including, but not limited to, content, hours of availability, and equipment needed for access or use.

3.Membership Terms. Membership will continue until ZINEZONE terminates membership for transgression of agreed-upon member rules and guidelines. Member is responsible for any charges associated to connecting to ZINEZONE or the Service, including, but not limited to, any telephone line charges or any Internet access provider charges.

4.Changed Terms. ZINEZONE shall have the right at any time to impose, change or modify terms and conditions applicable to Member's use of the Service, or any part thereof, or to impose new terms and conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, postings on the Service, electronic mail, and/or a revised version of this Agreement.
 
5. Member Conduct.

(A) The Online Services shall be used for lawful purposes only. No material shall be posted on or transmitted through the Service which violates or infringes in any way upon the rights of others, which is unlawful, threatening, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. No conduct shall be undertaken that, in ZINEZONE's judgment, restricts or inhibits any other Member from using the Service

(B) The Online Services contain copyrighted material, trademarks and other information. The entire contents of each of the Online Services is copyrighted as a collective work under the United States copyright laws. ZINEZONE owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. Members acknowledges that they do not acquire any ownership rights by downloading copyrighted material. 
 
 (C) Each Member hereby grants to ZINEZONE the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display any part of his or her postings to the Service, or any part of his or her Zine if it is submitted for Publication in ZineZone Library.
 
 (D) No Member may (i) select or use a member name or email address of another person with the intent to impersonate that person; (ii) use a member name or email address subject to the rights of any person other than Member without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that ZINEZONE, in its sole discretion, deems offensive.

6.Third Party Content. ZINEZONE is a distributor of content supplied by third parties and users of the Service. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Members or any other user of the Online Services, are those of the respective author(s) or distributor(s) and not of ZINEZONE. ZINEZONE does not guarantee the accuracy, completeness, or usefulness of any content. In many instances, the content available through the Online Services represents the opinions and judgments of the respective information provider, Member, or other user of the Service, and not of ZINEZONE.

7.Disclaimer of Warranty; Limitation of Liability
 
 (A) EACH MEMBER EXPRESSLY AGREES THAT USE OF THE ONLINE SERVICES ARE AT HIS OR HER SOLE RISK. NEITHER ZINEZONE, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES WARRANT THAT THE ONLINE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
 
 (B) THE ONLINE SERVICES IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
 
 (C) THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION 7 APPLY TO ANY DAMAGES OR INJURY CAUSED BY THE SERVICE. EACH MEMBER SPECIFICALLY ACKNOWLEDGES THAT ZINEZONE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER THIRD PARTIES.

(D) ZINEZONE  DOES NOT ENDORSE OR WARRANT THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE ONLINE SERVICES. UNDER NO CIRCUMSTANCES WILL ZINEZONE OR ITS LICENSORS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A MEMBER'S RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT ON THE ONLINE SERVICES.
 
(F)  ZINEZONE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE ONLINE SERVICE.

8.Monitoring. ZINEZONE shall have the right, but not the obligation, to monitor the content of the Service to determine compliance with this Agreement and any other operating rules established by ZINEZONE. ZINEZONE shall have the right in its sole discretion to edit, refuse to display or remove any Zine, post, or other material submitted for Publication. Without limiting the foregoing, ZINEZONE shall have the right to remove any material that ZINEZONE, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. 
 
9.Indemnification. Each Member agrees to defend, indemnify and hold harmless ZINEZONE, its licensers, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Online Services by such Member.
 
10.Termination. Without limiting the foregoing, ZINEZONE shall have the right to immediately terminate this Agreement with respect to any Member in the event of any conduct by Member which ZINEZONE, in its sole discretion, considers to be unacceptable, or in the event of any breach by Member of this Agreement. 
 
11.Trademarks. ZineZone is a trademark of ZineZone Corporation. ZineZone Zine, its logo and that of ZineZone are trademarks or service marks of ZineZone Corporation. All rights reserved. All other trademarks appearing on the Service and/or ZINEZONE are the property of their respective owners, including, in some instances, ZineZone Corporation.
 
12.External Links. The Online Services contain links to other web sites, resources and advertisers. ZINEZONE is not responsible for the availability of these external sites nor does it endorse or is it responsible for any of the contents, advertising, products or other materials on such external sites. 
 
13.Equipment. Each Member shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Online Services and Members shall be responsible for all charges related thereto.

14.Privacy. Personal data provided by each Member to ZINEZONE will be used only in connection with the Online Services and will not be given to others without express permission. Members should be aware that when he or she voluntarily discloses personal information (ex: email address), that information can be collected and used by others and may result in unsolicited messages from other parties.
 
15.Miscellaneous. This Agreement and any operating rules for the Online Services established by ZINEZONE constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

FREE EMAIL TERMS OF SERVICE

1. Acceptance of Terms of Use
ZINEZONE's mail service is provided free of charge to registered users (each, a "User") under these Terms of Use. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE. These Terms of Use form independent agreements between you and ZINEZONE, as each Term applies to ZINEZONE.

2. Registration Information
ZINEZONE will not disclose any individual User's name, address, email address or telephone number without such User's prior written consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant.

3. Modifications of these Terms of Use
ZINEZONE may modify these Terms of Use from time to time in its sole discretion. ZINEZONE will provide Users with reasonable notice of any such changes, and continued use after such notice of ZINEZONE will be conditioned upon each User's affirmative acceptance of any such changes.

4.  Contents of Messages
ZINEZONE does not, and cannot, monitor, censor or edit the contents of Users' email messages. Users alone are responsible for the contents of their messages, and the consequences of any such messages. User agrees that it will not use ZINEZONE for chain letters, junk mail, "spamming", solicitations (commercial or non-commercial) or any use of distribution lists to any person who has not given specific permission to be included in such a process. User further agrees not to use ZINEZONE to send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable or illegal material of any kind or nature. 
ZINEZONE reserves the right to terminate any User's account if it becomes aware and determines, in its sole discretion, that such User is violating any of the foregoing guidelines. It is ZINEZONE's policy to respect the privacy of its Users, but User agrees that this Agreement does not create a reasonable expectation of privacy in the context of User's email communications.

5. Account and Password
User is responsible for maintaining the confidentiality of user's account number and password. User shall be responsible for all uses of the account, whether or not authorized by User. User agrees to immediately notify ZINEZONE of any unauthorized use of its account.

6. Disclaimer of Warranties
USER EXPRESSLY AGREES THAT USE OF ZINEZONE's MAIL SERVICE IS AT USER'S SOLE RISK. ZINEZONE's MAIL SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 
ZINEZONE DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. 
ZINEZONE DOES NOT MAKE ANY WARRANTY THAT ZINEZONE WILL MEET USER'S REQUIREMENTS, OR THAT ZINEZONE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ZINEZONE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ZINEZONE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ZINEZONE. 
USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ZINEZONE IS AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. 
ZINEZONE DOES NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ZINEZONE OR ANY TRANSACTIONS ENTERED INTO THROUGH ZINEZONE. 
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM ZINEZONE OR THROUGH ZINEZONE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

7. Limitation of Liability
ZINEZONE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE ZINEZONE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH ZINEZONE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF ZINEZONE OR CRITICAL PATH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Email Message Storage
ZINEZONE will not assume any responsibility for the deletion or failure to store email messages. whether inadvertent or through ZINEZONE's negligence.

9. Promotional Messages
ZINEZONE and/or third parties may, from time to time, send email messages to Users containing advertisements, promotions, etc. ZINEZONE does not, and will not, make any representation or warranty with respect to the content of any such email messages or any goods or services which may be obtained from such third parties, and User agrees that ZINEZONE shall have no liability with respect thereto.

10. Indemnification
User agrees to defend, indemnify and holds ZINEZONE, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of ZINEZONE, the violation of these Terms of Use by User, or the infringement by User, or any other user of User's account, of any intellectual property or other right of any person or entity.

11.Miscellaneous. This Agreement and any operating rules for the Online Services established by ZINEZONE constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

FREE MAIL TERMS OF USE

Please read the following agreement carefully.
You must accept the agreement to be able to use the Free mail Service.
                                                  
1. Acceptance of Terms of Use
 ZineZone Corporation ("ZineZone") provides the mail service ("Service") to registered users (each, a "User") under these Terms of Use. These Terms of Use are the entire agreement between User and ZineZone and supersede any prior agreements with respect to the Service provided by ZineZone.  BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE.
 
2. Description of Service
 ZineZone is providing User with the capability to send and receive electronic mail via the World Wide Web on ZineZone's Mail system.  ZineZone does not charge User for the Service, except for value-added features User may elect to obtain (though ZineZone may in the future charge a fee for use of the Service).  User must:  (i) provide for User's own access to the World Wide Web and pay any service fees associated with such access; and (ii) provide all equipment necessary for User to make such connection to the World Wide Web, including a computer and modem.
 
3. User's Registration Obligations
 In consideration of use of the Service, User agrees to: (i) provide true, accurate, current and complete information about User as prompted on the sign-up page; and (ii) to maintain and update this information to keep it true, accurate, current and complete.  If any information provided by User is untrue, inaccurate, not current or incomplete, ZineZone has the right to terminate User's account and refuse any and all current or future use of the Service.
 
4. Registration Information; Disclosure
 User agrees that ZineZone or its designee may disclose certain information to third parties about User and User's use of the Service provided that such disclosures do not include User's name, mailing address, email address, telephone or facsimile number, or account number, except as authorized by User or User's representative or except to the extent necessary or appropriate to comply with applicable laws or regulations or in legal or administrative proceedings where such information is relevant.  User agrees that ZineZone may disclose to third parties certain information, in the aggregate, contained in users' registration applications, including User's application.  ZineZone will not disclose User's name, address, e-mail address or telephone number, without User's prior written consent, except to the extent necessary or appropriate to comply with applicable laws or regulations or in legal or administrative proceedings where such information is relevant. ZineZone reserves the right to terminate any User's account if ZineZone learns that such User has provided ZineZone false or misleading registration information. 
 
5. Modifications to these Terms of Use
ZineZone may modify these Terms of Use from time to time in its sole discretion. ZineZone will provide User with reasonable notice of any such changes, and User's continued use of the Service will be deemed to constitute User's acceptance of any such changes.

6. Modifications to the Service
ZineZone reserves the right to modify or discontinue the Service, temporarily or permanently, with or without notice to User, without liability to User or any third party.

7. Proprietary Rights
Content presented to User or otherwise available through the Service provided by ZineZone or a supplier is protected by copyright, trademark, service marks, patents or other proprietary rights or laws.  User shall only be permitted to use this content as expressly authorized by the provider.  User may not copy, distribute or create derivative works from such contents without express permission.
Content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to User through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.  User is permitted to use this material and information only as expressly authorized by ZineZone or advertisers, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization.

8. ZineZone's Mail Privacy Policy
It is ZineZone's policy to respect the privacy of its Users.  ZineZone does not, and cannot, monitor, censor, edit or disclose the contents of User's e-mail messages, except that User agrees ZineZone may do so: (i) as required by law; (ii) to comply with legal process; (iii) if necessary to enforce these Terms of Use; (iv) to respond to claims that such contents violate the rights of third parties; (v) to protect the rights or property of ZineZone or its suppliers.  User is solely responsible for the contents of User's e-mail messages, and the consequences of any such messages.

User acknowledges and agrees that ZineZone does not endorse the content of any User's e-mail messages and is not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another.

9. User's Conduct
 User agrees to abide by all applicable local, state, national, and international laws and regulations in User's use of the Service.  User is solely responsible for the contents of User's e-mail messages, and the consequence of any such messages.
 
 User agrees that it will not transmit or disseminate:  (i) advertising, chain letters, spam, junk mail or any other type of unsolicited e-mailing (whether commercial or informational) to persons or entities that have not agreed to be part of such mailings; (ii) harassing, libelous, abusive, threatening, obscene or otherwise objectionable materials or materials which infringe or violate any third party's copyright, trademark, service marks, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation; or (iii) viruses or other harmful, disruptive or destructive files.  User agrees that it will not use or attempt to use another person's or entity's account, service or system without authorization from the owner, nor will User interfere with the security of, or otherwise abuse, the Service, system resources or accounts, or any network or another User's use or enjoyment of the Service.  User may not forge header or address information.  ZineZone will only access and disclose information as necessary to comply with applicable laws and government orders or requests, to provide the services, to operate or maintain its systems or to protect itself or its suppliers
 
 ZineZone reserves the right to terminate User's account if it becomes aware and determines, in ZineZone's sole discretion, that User is violating any of these Terms of Use. 
 
10. Account and Password
 User will receive a password and account designation upon completing the registration process. User is responsible for maintaining the confidentiality of its account number and password.  User shall be responsible for all uses of its account, whether or not authorized by User.  User agrees to immediately notify ZineZone of any unauthorized use of its account or any other breach of security.
 
11. Indemnification
 User agrees to indemnify and hold ZineZone, its suppliers and their respective affiliates, officers, directors, employees and agents, harmless from any claim, action or demand, including reasonable attorneys' fees, made by any third party due to, arising out of or related to User's use of the Service or the violation of these Terms of Use by User, including without limitation the infringement by User, or any other user of User's account, of any intellectual property or other right of any person or entity.
 
12. Disclaimer of Warranties
 USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
 
 ZINEZONE DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
 
 ZINEZONE DOES NOT MAKE ANY WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ZINEZONE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE.
 
 USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
 
ZINEZONE DOES NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH THE SERVICE.
 
 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM ZINEZONE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 
 
13. Limitation of Liability
ZINEZONE AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF ZINEZONE OR ITS SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 
 
14. E-mail Message Storage
ZineZone does not assume any responsibility for the deletion or failure to store e-mail messages. If User exceeds the maximum permitted storage space, ZineZone reserves the right to delete e-mail messages from the affected mailboxes, at its sole discretion. 
 
15. No Resale of Service
 User agrees not to resell the Service or use of or access to the Service.
 
16. Termination
 ZineZone may terminate User's password, account or use of the Service if ZineZone believes (i) that User has violated or acted inconsistently with these Terms of Use, or (ii) that User has violated the rights of ZineZone or other Users or parties.  ZineZone may terminate User's password, account or use of the Service if User fails to use the Service at least one time during a reasonable period of time as determined by ZineZone from time to time which period shall not be less than three months.
 
 Any termination of the Service under any provisions of these Terms of Use may be effected without prior notice, and ZineZone may immediately delete email files in User's account and bar any further access to such files or the Service.
 
17. Promotional Messages
ZineZone and/or third parties may, from time to time, send e-mail messages to User containing advertisements, promotions, etc.  ZineZone does not make any representation or warranty with respect to any such e-mail messages or any goods or services which may be obtained from such third parties, and User agrees that ZineZone shall not have any liability with respect thereto.
 
18. Dealings with Advertisers
 User's correspondence with or participation in promotions of advertisers found on 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 User and such advertiser. User agrees not to hold ZineZone 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.
 
19. Links
 The Service may provide, or Users may include in email, links to other Web sites or resources.  ZineZone 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.  ZineZone 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 such external sites or resources.
 
20. Applicable Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Massachusetts, without giving effect to its conflict of law provisions.

21. General
The failure of ZineZone to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.  If any provision of these Terms of Use 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 Terms of Use remain in full force and effect.

User agrees 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 these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

22. Third Party Beneficiary
Critical Path, Inc., as a supplier of ZineZone, shall be a third party beneficiary of User's obligations under these Terms of Use and thus shall be entitled to enforce those obligations against User as if a party to these Terms of Use.

I ACCEPT/I DECLINE