RT66.COM TERMS OF SERVICE FOR EMAIL ACCOUNTS
THIS TERMS OF SERVICE ("TOS") AGREEMENT ("AGREEMENT") IS AN AGREEMENT BETWEEN SUBSCRIBER ("USER") AND MOTORWEST RT66, LLC DBA RT66.COM ("RT66.COM").
- RT66.COM MAY MAKE CHANGES TO THE TERMS OF SERVICE AT ANY TIME. RT66.COM WILL NOTIFY USERS OF CHANGES. IF THE CHANGES ARE MATERIAL NOTIFICATION WILL OCCUR AT LEAST 14 DAYS BEFORE ANY CHANGES TAKE EFFECT.
- USER IS RESPONSIBLE FOR READING THE TERMS OF SERVICE AND FOR READING CHANGES TO THE TERMS OF SERVICE WHEN USER RECEIVES NOTIFICATION OF ANY CHANGES.
- USER ACCEPTS CHANGES TO RT66.COM’S TERMS OF SERVICE BY CONTINUING TO USE THE SERVICES AFTER USER IS NOTIFIED OF CHANGES.
- RT66.COM IS NOT RESPONSIBLE FOR USER’S FAILURE TO READ THE TERMS OF SERVICE, AND/OR CHANGES TO THE TERMS OF SERVICE.
I. ACCEPTANCE OF TERMS OF SERVICE AGREEMENT
USER AGREES TO BE BOUND BY THIS TERMS OF SERVICE AGREEMENT WHEN USER REGISTERS AND CHECKS THE ‘I agree to the Terms of Service’ BOX ON THE REGISTRATION FORM.
II. DESCRIPTION OF SERVICES
Rt66.com provides User with any or all of these "Services":
- Electronic mail services; and
- Any other services which Rt66.com may provide in the future.
User is provided Services at the discretion of Rt66.com – User’s email correspondence belongs to User; the mailbox (email address) is the property of Rt66.com [47 U.S.C. § 230(c)(2)]
User understands and agrees:
- Services may require service-oriented and administrative messages from Rt66.com about the service or the User’s account
- Rt66.com communications to User will be limited, infrequent and important when they occur. User cannot opt out of receiving such messages
- Rt66.com cannot be held liable for any adverse outcomes if User fails to read and comply with messages from Rt66.com when User action is required
- Services are provided with default settings and customization options. Rt66.com assumes no responsibility for the deletion, mis-delivery, or failure to store any User communications or personalized configuration settings
- User is responsible for internet access required to utilize Services provided by Rt66.com
III. USER'S REGISTRATION OBLIGATIONS
User understands and agrees that Rt66.com requires information from User for User to register for Services ('Registration Data').
User agrees to:
- Provide information as prompted by the registration form
- Provide an alternative/backup email address – for lost password reset
- Provide User’s country of residence (and state if appropriate) – for taxation as varies by jurisdiction
- Maintain and promptly update this information User’s MyAccount page to remain current
- Confirm that User is 18 years or older by checking box on form
- Confirm that User agrees to Rt66.com’s Term of Service by checking box on form
User understands that a legitimate and current alternative email address is of critical importance to User. Rt66.com makes no warranty that User’s account is retrievable if User fails to provide a legitimate and current alternative email address
User understands and agrees that no subscription refunds will be made once User has established an online identity by using the Services
User’s Registration Data is private.
Rt66.com will not voluntarily disclose User’s Registration Data to any third party unless User has authorized Rt66.com to disclose such information, or, disclosure is required by law or legal process, or as set forth in Paragraph VIII below.
User chooses a unique username @rt66.com at registration. Username must not be obscene, unlawful, constitute a variation on 'domain squatting' or otherwise be objectionable - at Rt66.com's sole discretion.
User agrees that username used alone or combined with a second or third level domain name, will not interfere with the rights of any third party.
User will create a personal password and receive an account upon completion of the registration process and successful payment.
User agrees to:
- Maintain the confidentiality of the password and account
- Be fully responsible for all activities which occur under User's password or account
- Maintain the security of User’s account by exiting from User's account at the end of each session, and,
- Immediately notify Rt66.com of any unauthorized use of User's password or account or any other breach of security
V. USER CONTENT
User’s Rt66.com email transmitted and received via the Services is private correspondence.
Rt66.com will not monitor, edit, or disclose the contents of a User's private communications, except when User agrees, and/or Rt66.com and its third party service providers are obligated to respond to legal or regulatory processes.
Rt66.com and its third party service providers are not responsible or liable for the content of any User communications.
User acknowledges and agrees that if such selection of a username intentionally interferes with the rights of any third party or is being selected for any unlawful purpose, Rt66.com may immediately suspend the use of such Rt66.com email address, and User will indemnify and hold Rt66.com harmless, in accordance with the Indemnity section below for any claim or demand against Rt66.com that results from User’s selection.
User acknowledges and agrees that neither Rt66.com nor any of its third party service providers will be liable to User in the event Rt66.com is ordered or required, as a result of a court order or legal settlement, or contractual requirement with any third party service provider, to desist from using or permitting the use of a particular domain name as part of a Rt66.com email username. If as a result of such action, User loses an email address, the User's sole remedy shall be the receipt of a replacement Rt66.com email address.
VIII. USER CONDUCT
User agrees to:
- Abide by all applicable local, state, national, and international laws and regulations in User's use
- Refrain from interfering with the use and enjoyment of the Services by other Users
- Refrain from attempting to access, collect or store personal data about other users
- Take sole responsibility for the contents of User's private and public email
- Comply with procedures, policies and regulations of networks connected to the Services
- Refrain from interference with the Services or servers or networks connected to the Services
- Refrain from any action to disguise the origin of any content transmitted through the Services
- Refrain from reproduction and/or trade in any portion of the Services or access to them
- Comply with all applicable laws regarding export of of technical data from any jurisdiction
- Refrain from uploading, emailing, or otherwise transmitting via the Services
- any unlawful, harassing, libelous, tortuous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, or otherwise objectionable material of any kind
- any material that violates the rights of another, including but not limited to the intellectual property rights of another
- any material that violates any applicable local, state, national, or international law or regulation or,
- unsolicited or unauthorized advertisements, promotional materials, "junk mail," "SPAM," "chain letters," "pyramid schemes," or other forms of solicitation
User agrees and acknowledges:
- Rt66.com may ban User from future use of the Services for any violation of the TOS, including User attempts to use the Services through another partner or under a different name.
- Rt66.com shall report to the user's secondary mail service provider any violations of TOS Section VII 10(d) transmitted through User's mail account at Rt66.com.
- Rt66.com may recover damages from User if User abuses these TOS.
- Rt66.com will not be liable to User, or any third party, for any tangible or intangible damages as a result of discontinuation of Services, temporarily or permanently, with or without notice, for any egregious violation of any provision(s) of the TOS.
User agrees to indemnify and hold Rt66.com and its third party service providers, and their 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 the Services,
- User's connection to the Services,
- User's submission, posting, or transmission of content through the Services,
- User's violation of this Agreement, or User's violation of any rights of another.
X. GENERAL PRACTICES REGARDING USE AND STORAGE OF COMMUNICATIONS
User acknowledges and agrees that Rt66.com may establish general practices and limits concerning use of the Services, including without limitation, the maximum number of email messages that may be sent from an account during a specified period (anti-spamming provision), and the maximum disk space that will be allotted on Rt66.com's servers on User's behalf.
Rt66.com and its third party service providers assume no responsibility or liability for the User’s deletion or failure to store any email messages, communications, or other content maintained or transmitted through the Services.
User agrees that Rt66.com or its third party service providers may, without prior notice, immediately block access or terminate User's account if Rt66.com or its third party service providers believe that:
- User has violated or acted inconsistently with the letter or spirit of this Agreement; or
- User has violated the rights of Rt66.com or its third party service providers or other Users or parties.
User further agrees that Rt66.com and its third party service providers may block access and eventually terminate User's account, or use of the Services if User fails to make payment for the subscription period.
User acknowledges and agrees that any termination of Services under any provision of this Agreement may be done without prior notice, and acknowledges and agrees that Rt66.com may immediately suspend User's account and all related information, communications, and files, and bar any further access to such account, communications, files, or the Services.
The Services may provide links to other websites or resources. User acknowledges and agrees that Rt66.com and its third party service providers are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content or other materials on or available from such sites or resources.
XIII. RT66.COM'S PROPRIETARY RIGHTS
Rt66.com owns the domain Rt66.com. Rt66.com leases email firstname.lastname@example.org to Users under the TOS stated here. The mailbox (complete email address) is the property of Rt66.com [47 U.S.C. § 230(c)(2)].
Rt66.com does NOT own the content of User’s email 'boxes'.
XIV. DISCLAIMER OF WARRANTIES
- USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT USER'S SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
- RT66.COM AND ITS THIRD PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM 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.
- RT66.COM AND ITS THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT THE SERVICES WILL MEET USER'S REQUIREMENTS, THAT THE SERVICES WILL NEVER BE UNINTERRUPTED, ALWAYS TIMELY, ONE HUNDRED PERCENT SECURE, OR ONE HUNDRED PERCENT ERROR FREE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
XV. LIMITATION OF LIABILITY
- USER AGREES THAT RT66.COM AND ITS THIRD PARTY SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES
- USER UNDERSTANDS ADVISING RT66.COM OR ITS THIRD PARTY SERVICE PROVIDERS OF THE POSSIBILITY OF SUCH DAMAGES MAY NOT BE SUFFICIENT TO MITIGATE AN ADVERSE OUTCOME
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
XVI. CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Rt66.com respects the intellectual property of others. If content appears to be used in a way that constitutes copyright infringement, or infringement of intellectual property rights please provide Rt66.com the following information:
- A description of copyrighted work or intellectual property claimed to be infringed; and, if on the site, the location of the material alleged to be infringing
- A statement, made under penalty of perjury, including an electronic or physical signature, that the above information in the notice is accurate and that the signee is the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf under the law.
Rt66.com's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
- Copyright Agent
- c/o MotorWest Rt66, LLC
- 530-B Harkle Road, Ste 100
- Santa Fe, NM 87505
- By email:
XVI. GENERAL PROVISIONS
Unless otherwise provided in this Agreement, any notice to User regarding the Services shall be made via email.
Rt66.com is the intended beneficiary of this Agreement. The failure of Rt66.com and its third party service providers to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court will endeavor to give effect to the parties' intentions as reflected in the provision; and all the other provisions of this Agreement 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 Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
USER HAS READ AND UNDERSTANDS THE FOREGOING TERMS OF SERVICE AGREEMENT AND AGREES TO BE BOUND BY ALL OF ITS TERMS.