The following are the terms and conditions for use of the HomeComm Mail ('the Services'). Please read them carefully. The Services is offered to the User upon condition that the User accepts without modification the terms, conditions, and notices contained herein.

1. DESCRIPTION OF SERVICES
(a) The User is allowed to compose, send and receive e-mail.

(b) To be able to use the Services, the User must complete the registration process by providing HomeComm with current, complete and accurate information as prompted by the Registration Form. Click here for the Registration Form.

2. ACCEPTANCE OF TERMS
(a) HomeComm shall provide the Services to the User, subject to any posted guidelines or rules applicable to the Services which may be posted from time to time.

3. USER'S OBLIGATIONS
(a) As a condition of the User's use of the Service, the User warrant to HomeComm that the User will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The Service is provided to individuals only and for personal use only. The User agree to use the Service only to send and receive personal messages. Any unauthorized commercial use of the Service, or the resale of its services, is expressly prohibited.

(b) HomeComm does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. The User understands that by using the Services, the User may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will HomeComm be liable in any way for any Content, 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, e-mailed or otherwise transmitted via the Services.

(c) The User understands and agrees the technical processing and transmission of e-mail communications is and may be required (a) to send and receive messages; (b) to conform to the technical requirements of connecting networks; (c) to conform to the limitations of the Service; or (d) to conform to other, similar technical requirements.

(d) The User agrees to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under the User's account or password, including the content of the User's transmissions through the Service. By way of example, and not as a limitation, the User agree not to:

(i) use the Service in connection with chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise);

(ii) harvest or otherwise collect information about others, including e-mail addresses, without their consent;

(iii) create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;

(iv) transmit through the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;

(v) transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;

(vi) transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;

(vii) violate any U.S. law regarding the transmission of technical data or software exported from the United States through the Service;

(viii) interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;

(ix) attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or

(x) interfere with another member's use and enjoyment of the Service or another entity's use and enjoyment of similar services.

(e) The User acknowledges that HomeComm does not pre-screen Content, but that HomeComm and its designees shall have the right (but not the obligation) in their sole discretion to edit, refuse to post or to remove any Content, in whole or in part, at all times to satisfy any applicable law, regulation, legal process or governmental request. Without limiting the foregoing, HomeComm and its designees shall also have the right to remove any Content that violates the Terms Of Service (TOS) or is otherwise objectionable.

(f) The User agrees that the User 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, the User acknowledges that the User may not rely on any Content created by HomeComm or submitted to HomeComm.

(g) The User acknowledges and agrees that HomeComm may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of HomeComm, its Users and the public. (f) With respect to Content which HomeComm elects to post for inclusion in the Services, the User grants HomeComm the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Services solely for the purpose of displaying, distributing and promoting HomeComm Services to which such Content was submitted and/or to incorporate it in other works in any form, media, or technology now known or later developed. This license exists only for as long as the User elects to continue to include such Content on the Services and shall be terminated at the time the User deletes such Content from the Services.

(h) The User agrees to use the Services only to post, send and receive Content that is proper and related to the Services.

(i) The User agrees that HomeComm does not control or endorse the Content found in the Services and, therefore, HomeComm specifically disclaims any liability with regard to the Services and any actions resulting from the User's participation in any Services. Managers and Hosts are not authorized HomeComm spokespersons, and their views do not necessarily reflect those of HomeComm.

4. THE USER'S PRIVACY
(a) It is HomeComm's policy to respect the privacy of its members. HomeComm will not monitor, edit, or disclose any personal information about the User or the User's use of the Service, including its contents, without the User's prior permission unless HomeComm has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of HomeComm; (3) enforce the TOS; or (4) act to protect the interests of its members or others. HomeComm does provide certain user information in aggregate form to third parties, including its advertisers, for demographics. In addition, the User's Internet Protocol address is transmitted with each message sent from the User's account. For more information, see the HomeComm Privacy Policy .

(b) Some personal information the User provide to HomeComm may be stored outside of the country in which the User reside.

(c) The User agrees that HomeComm may access the User's account, including its contents, as stated above or to respond to service or technical issues.

5. INDEMNITY
(a) The Services are provided "AS IS" without warranty of any kind. HomeComm and/or its respective suppliers hereby disclaim all warranties and conditions with regard to the services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall HomeComm and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Services, with the delay or inability to use the Services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Services, or otherwise arising out of the use of the Services, whether based on contract, tort, negligence, strict liability or otherwise, even if HomeComm or any of its suppliers has been advised of the possibility of damages. If the User is dissatisfied with any portion of the Services, or with any of the TOS, the User's sole and exclusive remedy is to discontinue using the Services.

(b) The User specifically agrees that HomeComm shall not be responsible for unauthorized access to or alteration of the User's transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Services. The User specifically agrees that HomeComm is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. The User specifically agrees that HomeComm is not responsible for any content sent using and/or included in the Services by any third party.

(c) The User agrees to indemnify and hold HomeComm, 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 the Content the User submits, posts to or transmits through the Services, the User's use of the Services, the User's connection to the Services, the User's violation of the TOS, or the User's violation of any rights of another.

(d) HomeComm encourages the User to exercise discretion while browsing the Internet while using the HomeComm platform. The Services and Content may direct the User to sites containing information that may be offensive or inappropriate to certain persons. HomeComm makes no representations concerning any endeavor to review the content of sites listed in the directory or any of the Services or Content, and so HomeComm isn't responsible for the accuracy, copyright compliance, legality or decency of material contained in sites listed in the Services or Content.

6. GENERAL PRACTICES REGARDING HOMECOMM MAIL
(a) The User acknowledges that HomeComm has the discretion at all times to limit the maximum size of the Content that will be posted on the Mail.

(b) HomeComm Mail has compiled the following tips to help make the User a safe, secure and savvy e-mail user:

Change the User's password often. The quick act of changing the User's password can ensure the User's e-mail remains private. In addition, passwords that use both letters and numbers are harder to break.

Don't share the User's password. Most e-mail administrators will not ask for the User's password. Do not be duped by malicious e-mails asking the User for the User's password. This is a well known, although not-too-common trick designed to fool the User into sharing the User's password. As a rule, never share it with anyone.

Never open attachments from unknown sources. They may contain what are known as "letterbombs" or "viruses," which can damage the User's PC.

Always remember to sign out when the User are done. It's quick, easy and may save the User's account from unwanted trespassers. If the User are using a public terminal, at an internet cafe for example, it is advised that the User close the browser the User were using when the User are ready to end the User's Internet session.

Don't reply to unsolicited messages or "spam" e-mail, or other harassing or offensive e-mail. By responding, the User only confirm that the User are a person with an active e-mail address who can be plagued with constant unwanted e-mail solicitations. To help control spam, HomeComm Mail provides members with "filters" for incoming e-mail. These can easily be set up to send certain messages (such as those that include certain words) directly to the User's online trashcan.

Make sure that the User are using the most up-to-date Internet software (e.g. browsers such as HomeComm Internet Explorer or Netscape Navigator). More recent versions often offer enhanced security protection. However, HomeComm works best with Internet Explorer 5.0.

Always use a secure network. Most corporate networks and Internet service providers are protected by administrators who watch for potential security problems and act to protect users from "hackers" (malicious users) who may try to steal personal information that is transferred through the network. Although the risk is small, use caution when on any unfamiliar network. Use stations maintained by sources the User trust, or ask if the Internet terminal the User are using is protected against security break-ins.

Use common sense when the User is on the Internet and maintain a healthy dose of skepticism. Use caution when revealing personal information, such as the User's physical address, to anyone the User meet in cyberspace; even if they claim to be someone of authority.

(c) The amount of e-mail storage space per member is limited to 3MB per User. Some e-mail messages may not be processed due to space constraints or outbound message limitations. The amount of instant messaging storage space is limited and some messages may not be processed due to space constraints or outbound message limitations. The User agrees that HomeComm is not responsible or liable for the deletion or failure to store messages or other information.

(d) HomeComm Mail is not an anonymous e-mail service. At HomeComm Mail, the registered first name and last name are sent with each e-mail message, no "handles" or nicknames are substituted. Furthermore, each e-mail message sent from a HomeComm Mail account includes the Internet Protocol (IP) address from which the sign in session originated. With this additional header information, the source of a message can be narrowed dramatically. HomeComm Mail records and stores all sign ins, including IP addresses, dates, and times.

(e) The User further acknowledges that HomeComm reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

7. TERMINATION
(a) If the User wish to terminate the User account, the User's only recourse is to discontinue the use of the Service. HomeComm shall have no obligation to maintain any content in the User account or to forward any unread or unsent messages to the User or any third party.

8. MODIFICATION TO SERVICES
(a) HomeComm reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. The User agrees that HomeComm shall not be liable to the User or to any third party for any modification, suspension or discontinuance of the Services.

9. DEALINGS WITH ADVERTISERS / SELLERS
(a) The User's correspondence or business dealings with, or participation in promotions of, advertisers /sellers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such advertiser / seller.

(b) The User agrees that HomeComm shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such advertisers / sellers on the Services.

10. LINKS
(a) The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. As HomeComm has no control over such sites and resources, the User acknowledges and agrees that HomeComm 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.

(b) The User further acknowledges and agrees that HomeComm 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 HomeComm of or reliance on any such Content, goods or services available on or through any such site or resource.

11. DISCLAIMER OF WARRANTIES
The User expressly understands and agrees that: a. b c.

12. SPECIFIC ADVICE
Advice received via the Services should not be relied upon for personal, medical, legal or financial decisions and the User should consult an appropriate professional for specific advice tailored to the User's situation. HomeComm shall not be responsible or liable for the accuracy, usefulness or availability of any Content transmitted via the Services, and shall not be responsible or liable for any trading or investment decisions made based on such Content.

13. E-COMMERCE TRANSACTION (BUYING/SELLING)
(a) The links and web sites contained in the Services provides the Seller/Merchant links to the Users and can be a medium for e-commerce transactions. However, each individual Seller / Merchant participating in such transactions is responsible for setting and explaining their individual shipping, return, security and other policies applicable to shopping in their stores and purchasing their products.

(b) HomeComm does not guarantee, warrant or endorse any product or services sold by a Seller / Merchant, nor does HomeComm have any liability or responsibility for the quality or performance of any product or services sold to the User by any Seller / Merchant. The purchase of any product or services from a Seller / Merchant is a transaction solely between the User and that Seller / Merchant, and any question or dispute the User may have regarding any such product or services should be addressed directly to the responsible Seller / Merchant. HomeComm has no responsibility or liability for any Seller / Merchant or the User's relationship with such Seller / Merchant.

(c) The User is responsible for paying the entire amount due on the User's purchase, including any applicable taxes, shipping and other charges assessed by the Seller / Merchant. With respect to applicable taxes, the Seller / Merchant will advise the User subsequently of the exact amount of tax due on the User's purchase. HomeComm has no responsibility whatsoever for any miscalculation or omission by a Seller / Merchant of applicable taxes on any sale.

14. SPECIFIC RESTRICTIONS ON USE OF ASSOCIATED PRESS MATERIAL
(a) Associated Press includes but is not limited to text, photo, graphic, audio and/or video material provided for by the newspapers, magazines, books and journals.

(b) Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Nor shall these AP materials nor any portion thereof be stored in a computer except for personal and non-commercial use.