eMarengo Terms of Service

NOTE: These terms of service apply to all eMarengo network users.

eMarengo ("eMarengo") agrees to provide you ("user") with those services ("service") set forth on www.emarengo.com subject to user's compliance with the terms and conditions below. Please read this agreement carefully before accessing the service. By accessing the service, you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you may not access or use the service and you must cancel per the terms outlined within this agreement under the "Right to Cancel" section.

Warranty Disclaimer
THE FOLLOWING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.

eMarengo exercises no control whatsoever over the content of the information passing through eMarengo's system. Use of any information obtained via eMarengo is at user's risk. Neither eMarengo nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the service will not be uninterrupted or error free; nor does eMarengo make any warranty as to the results from use of the service. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, implied warranties of merchantability or fitness for a particular purpose or any warranties arising from course of dealing or usage of trade. No advice or information given by eMarengo, its affiliates, its licensers, its contractors or their respective employees shall create a warranty. Neither eMarengo nor its affiliates, its licensers, its contractors or their respective employees warrants that the service will be uninterrupted or error free. eMarengo is under no obligation to issue refunds, credits or any such reimbursement for interruptions in service as outlined within this agreement, but may choose to do so in extreme circumstances.

Limitation of Liability
Under no circumstances shall eMarengo, its affiliates, its licensers, its contractors or their respective employees be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from user's use of or inability to use the service or to access the internet or any part thereof, or user's reliance on or use of information, services or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, any failure of performance, computer virus, communication line failure, theft or destruction or unauthorized access to alteration of or use of user's account, whether for breach of contract, negligence or under any other cause of action. In the event eMarengo is found liable under any circumstance under the terms of this agreement, eMarengo's liability shall be limited to the unused balance of user's subscription payment pro-rated to reflect the current term.

If user is dissatisfied with the service or with any terms, conditions, rules, policies, guidelines or practices of eMarengo in operating the service, user's sole and exclusive remedy is to cancel per the terms outlined elsewhere in this agreement.

Indemnification
Notwithstanding anything to the contrary herein contained, user agrees to indemnify and hold eMarengo, its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense (including without limitation attorney's fees and cost of litigation) incurred or suffered by eMarengo, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of user's account whether authorized or unauthorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this agreement by user, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify eMarengo in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim.

Age Limit
User represents to eMarengo that he or she is 18 years of age or older. User understands that certain materials available while using the service provided under the terms of this agreement may not be suitable for individuals under the age of 18. User understands that the internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. eMarengo has no control over and accepts no responsibility whatsoever for such materials.

Prohibited Uses
Sending unsolicited e-mail, (known as 'spam') to anyone residing on our servers or through our servers, or when connected to the network. Use of eMarengo's system for spam or other prohibited uses will result in immediate termination of any and all eMarengo accounts registered to the user in violation without notice. The following types of e-mail sent constitute as spam:

• Forged e-mails to/from address other than from the actual sender or to the actual recipient.
• Message subject not related to the e-mail body.
• e-Mails sent in bulk by sender.
• Mail bombs.

Posting or transmitting any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations; post or transmit any sexually explicit materials or materials that may be offensive as determined by eMarengo.

Posting or transmitting any information or software, which contains a virus, cancelbot, trojan horse, worm or other harmful component.

Posting, publishing, transmitting, reproducing, distributing or in any way exploiting any information, software or other material obtained through the service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material).

Posting, publishing, transmitting, reproducing, distributing in any way, information, software or other material obtained through the service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder.

Posting, publishing, transmitting, reproducing, or distributing in any way any component of the service itself or derivative works with respect thereto.

Violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening, or engage in any kind or illegal activity.

Violate any of the rules, regulations and policies of those networks and computer systems accessed via user's account.

Privacy
eMarengo has no obligation to monitor the service. However, user agrees that eMarengo has the right to monitor the service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the service properly, or to protect itself or its subscribers. eMarengo will not intentionally monitor or disclose any private e-mail message unless required by law.

eMarengo reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this agreement.

Unless required by court order, subpoena or other legal request, or upon the advice of counsel, eMarengo will not publish user's name and other consumer information. eMarengo will not make such information available to third parties.

eMarengo is not responsible for the confidentiality of information that user may provide to merchants and information or service providers while connected to the service. Negligence or other issues related to purchases, agreements, or other transactions performed while user is connected to the service are the sole responsibility of user and merchants and information or service providers. eMarengo assumes no responsibility or liability in such transactions. Information transmitted through eMarengo's network and through the internet in general is not confidential. eMarengo cannot and shall not guarantee privacy or protection of any user.

Limitation of Dial-Up Services
The sole purpose of these limitations are intended to limit the amount of unnecessary use of eMarengo services by any such user, which restricts overall eMarengo system availability for other such users. These limitations apply only to dial-up access services offered by eMarengo.

• User agrees to have their online session automatically terminated after twenty (20) minutes of consecutive inactivity. Inactivity is defined as little or no data transferred between user's modem and the eMarengo service.
• User agrees to have an online session automatically terminated after four (4) hours of consecutive time, regardless of data transferred during the session.
• User agrees to maintain no more than one (1) "concurrent" online session for each dial-up account purchased.
• User agrees to not use the service as a dedicated connection. The determination of what a dedicated connection is shall be at the sole determination of eMarengo.
• User understands that from time to time eMarengo or its contractors may add, discontinue or change access telephone numbers. eMarengo and its contractors reserve exclusive right to add, discontinue or change access telephone numbers as deemed necessary. User agrees to alter access numbers if requested.

Billing
All services provided by eMarengo are billed on a monthly basis and are reoccuring. No service will be canceled by the user without contacting eMarengo as outlined in the "Right to Cancel" section of this agreement.

Available discount subscriptions can be purchased with full payment in advance. Subscriptions are not automatically renewed. Normal monthly billing will resume after a subscription has expired. It is the users responsibility to contact eMarengo for subscription renewal.

In order to reduce costs and provide a better value, all billing is done by email. User may request to have bills mailed through the U.S. Postal system, but due to the increased printing and postage costs, a $1.00 mailing fee will be charged.

Payments
Payments can be made by check or money order. Credit card payments are only accepted in person at the store. If payment is not received, service will be terminated.

Dishonored checks are subject to a collection fee to be determined by eMarengo in its sole and absolute discretion up to the amount allowable by law and user's account may be suspended until the account is current.

eMarengo reserves the right to change prices at any time without prior notice to its users or the public. Price changes will not be retroactive for existing users, regardless of the length of their existing service subscription.

Right to Cancel
eMarengo reserves the right to cancel services or close accounts for any reason without prior notice. User may discontinue their eMarengo service at any time for any reason with proper notice as defined below:

• User must notify eMarengo email, telephone, in person, or in writing to cancel service. eMarengo offers a one-time risk free 30-day money back guarantee. Cancellations within user's first 30 days of service, receive a full refund. After your initial 30 days, refunds will be issued for all unused portions of payments. Termination of service shall not relieve user from the obligation to satisfy outstanding invoices.

Data Backups (email)
eMarengo does not and will not perform system backups on any user's e-mail account(s). eMarengo shall not be held responsible for any lost e-mail data, e-mail attachments, or any e-mail message contents, regardless of the reasoning for data loss or system causes. User should not use the eMarengo web mail feature as their primary mail client. Settings in the web mail feature, including stored messages, addresses, or other settings will not be retained in the event of data loss. Storage for e-mail messages and attachments is set to 5 MB per account.

Failure to Comply with Terms and Conditions
eMarengo may deny user access to all or part of the service without notice if user engages in any conduct or activities that eMarengo in its sole discretion believes violates any of the terms and conditions in this agreement. If eMarengo denies user access to the service because of such a violation, user shall not have the right to access through eMarengo any materials stored on the internet, to obtain any refund(s) otherwise due to user, and such refund(s) shall be held in forfeit, to access third party services, merchandise or information on the internet through eMarengo, and eMarengo shall have no responsibility to notify any third-party providers of services, merchandise or information or any responsibility for any consequences resulting from lack of notification.

Miscellaneous
In the event that any portion of this agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

eMarengo's failure to insist upon or enforce strict performance of any provisions of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this agreement.

eMarengo reserves the right to suspend access to the service for user's account. The account's suspension may be rescinded within the sole and absolute discretion of eMarengo following payment of a reconnection charge, to be determined by eMarengo in its sole and absolute discretion.

eMarengo may modify this agreement from time to time. It is the user's responsibility to check the online area regularly to determine whether this agreement has been modified. If user does not agree to any modification of this agreement, user must immediately cancel the service per the terms outlined elsewhere in this agreement.

This agreement shall be governed by and construed in accordance with the laws of the state of Ohio without regard to its conflicts of law provisions. Any cause of action user may have with respect to the service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

eMarengo shall not be liable or deemed to be in default for any delay or failure in performance under this agreement or interruption of service resulting directly or indirectly from acts of god, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of eMarengo.

In any civil or court action between eMarengo and user to enforce any of the terms of this agreement, eMarengo shall be entitled to recover expenses, including reasonable attorney's fees.

REV. 9/2004