Acknowledgment and Acceptance of the BAJA.COM User Agreement
baja.org/pany as managed by New Realities, Inc. ("baja.org") shall provide e-mail products and services ("the baja.org Service") to you ("User") under the terms and conditions of this baja.org User Agreement ("the Agreement"). USER UNDERSTANDS AND ACKNOWLEDGES THAT USER IS ENTERING INTO AN AGREEMENT WITH baja.org AND NOT THE WEB SITE WITH WHOM baja.org HAS ASSOCIATED TO BRING YOU THIS SERVICE. BY COMPLETING THE REGISTRATION PROCESS AND BY CLICKING ON THE "ACCEPT" BUTTON YOU ARE AGREEING TO BECOME A PARTY TO THIS AGREEMENT WITH baja.org AND TO THE TERMS AND CONDITIONS HEREIN AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ANY APPLICABLE ASSOCIATE STATEMENT ACCESSIBLE FROM THE LOGIN PAGE OF THIS E-MAIL SITE. PERSONS UNDER THE AGE OF13 MAY NOT SIGN UP FOR THE baja.org SERVICE AT THIS TIME.

Acceptable Use Policy
The following policy governs the use of the baja.org Service by User. User will comply with the terms and spirit of the Agreement.

(a) User shall not use the baja.org Service for spamming. Spamming includes, but is not limited to (1) the bulksending of unsolicited messages, or the sending of unsolicited e-mails which provoke complaints from recipients, (2) the sending of junk mail, (3) the use of distribution lists that include people who have not given specific permission to be included in such distribution process, (4) posting commercial ads to USENET newsgroups that do not permit it, (5) posting articles containing binary encoded data to a non-binary newsgroups, (6)excessive and repeated posting off-topic messages to newsgroups, (7)excessive and repeated cross-posting, (8) e-mail harassment of another Internet user or users, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive, and (9) the e-mailing of age- inappropriate communications or content to anyone under the age of 18. baja.org has in place a spam monitoring and control system to reduce spam sent to and from Users. baja.org shall make reasonable attempts to respond to complaints made by User regarding the receipt of spam or other harassing e-mail or, in the case of a User under the age of 18, complaints from such User or from such User's parent or guardian regarding the receipt of spam, other harassing e-mail, or e-mail containing any age-inappropriate communications or content.

(b) User shall not use the baja.org Service in a manner which violates any city, state, national or international law or regulation, or which fails to comply with accepted Internet protocol. User shall not attempt to interfere in any way with baja.org networks or network security, or attempt to use the baja.org Service to gain unauthorized access to any other computer system.

(c) User shall at all times provide baja.org with accurate information. User shall immediately notify baja.org of any security breach in or unauthorized use of User's account. User shall not interfere in any way with another User's use of, or baja.org's provision of the baja.org Service. User shall not resell, rent, lease, grant a security interest in, or make commercial use of the baja.org services without the express written consent of baja.org.

(d) User agrees not to transfer E-mail address for gain or otherwise. Transfer of such E-mail address will result in termination of contract with end user.

Privacy Policy
Inquiring minds read our privacy policy.

Title
Title, ownership rights, and intellectual property rights in all content and material that is part of, contained in, or accessed through the baja.org Service, and provided by either baja.org or sponsors or any other content provider shall remain the sole property of baja.org and/or its sponsors or any other content provider. User acknowledges and agrees that certain college, university, team, celebrity or business names contained within baja.org E-mail addresses may represent protected trademarks and service marks. Such content and materials are protected by the copyrights, trademark, service mark and patent laws and treaties.

Indemnification
User agrees to indemnify and hold baja.org and its licensors, parents, subsidiaries, affiliates, network partner sites, officers and employees ("Affiliated Parties"), 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 baja.org Service, the violation of the Agreement by User, or the infringement by User, or by any other user of the baja.org Service using User's computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any User communications.

Disclaimer of Warranty
baja.org EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE baja.org SERVICE. THE baja.org SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE PERFORMANCE OF, OR ARISING OUT OF THE USE OF THE baja.org SERVICE IS BORNE BY USER. baja.org MAKES NO WARRANTY REGARDING ANY GOODS, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH THE USE OF THE baja.org SERVICE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO USER AND USER MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.

Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL baja.org OR ITS LICENSORS OR RESELLERS BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE baja.org SERVICE, THE PERFORMANCE OF baja.org SERVICE, OR DAMAGES FOR LOSS OF GOODWILL, BUSINESS PROFIT, BUSINESS STOPPAGE, LOSS OF DATA OR BUSINESS INFORMATION, COMPUTER DAMAGE, OR DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR CHANGES MADE TO USER'S TRANSMISSIONS OR DATA, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL baja.org BE LIABLE FOR ANY DAMAGES IN EXCESS OF WHAT baja.org RECEIVED FROM USER FOR THE baja.org SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO USER.

Storage
baja.org assumes no responsibility for the deletion or failure to store, deliver or timely deliver messages. Without limiting the foregoing sentence, baja.org may, from time to time and without notice, set limit(s) on the number of messages a member may send, store, or receive through the service, and baja.org retains the right to delete any E-mails above or below such limit(s) as well as to deactivate any account which is over such limit(s) without any liability whatsoever, and User hereby releases baja.org from any such liability. Any notice provided by baja.org to Users in connection with such limit(s) shall not create any obligation to provide future notification regarding any change(s) to such limit(s).

Infringement
User represents that the user id selected by the User, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and is not being selected for any unlawful purpose. User acknowledges and agrees that if such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, baja.org may immediately suspend the use of such baja.org E-mail address, and User will indemnify and hold baja.org harmless, in accordance with the Indemnification section above, for any claim or demand against baja.org that arises out of such selection. User acknowledges and agrees that neither baja.org nor any of its licensors shall be liable to User in the event baja.org is ordered or required, as a result of a court order or legal settlement, or contractual requirement with any licensor, to desist from using or permitting the use of a particular domain name as part of a baja.org E-mail address. If as a result of such action, User loses an E-mail address, the User's sole remedy shall be the receipt of a replacement baja.org E-mail address.

Modification
baja.org reserves the right to modify the baja.org Service as described in the Agreement and on the site, and to change the terms and conditions of the Agreement at any time, without notice. Continued use of the baja.org Service after such modifications shall be deemed an acceptance by the User to be bound by the terms of the modified Agreement.

Termination
baja.org Service may be terminated for any reason, in whole or in part, effective immediately, by either baja.org at any time without notice and without any liability whatsoever, and User hereby releases baja.org from any such liability. Upon termination, User's right to use the baja.org Service immediately ceases, and baja.org is not obligated to forward any unread or unsent messages to User or any third party. baja.org shall not be liable to User or any third party for termination of the baja.org Service. In the case of a terminated paid baja.org Service ("Premium Service"), upon written request to baja.org, User shall receive at baja.org's option, either i) reimbursement of the pro-rata portion of the amount paid for the period remaining on User's account for the terminated Premium Service; or ii) credit for another Premium Service equivalent to the pro-rata portion of the amount paid for the period remaining on User's account for the terminated Premium Service. There shall be no reimbursement or credit if the baja.org Service is terminated due to User's violation of the terms of this Agreement. baja.org reserves the right to terminate User's E-mail address in the event that baja.org's rights to use certain domain names or E-mail addresses terminate or expire. In addition, baja.org retains the right, at baja.org's sole discretion, to terminate any and all parts of the baja.org Service provided to User, without refunding User for any annual fees paid but not yet accrued, if it determines that User has failed to comply with any of the terms of the Acceptable Use Policy. If baja.org determines that User has failed to comply with any of the terms of the Acceptable Use Policy above, baja.org shall, if and when it deems it appropriate, (1) facilitate criminal prosecution against such User by referring User's spamming activity to the appropriate legal authorities, and (2) bring a civil action against such User, who shall be liable to baja.org for any direct, indirect, special, incidental, or consequential damages incurred by baja.org as a result of User's spamming or other prohibited activity.

Severability
If any provision hereof shall at any time be held to be void, invalid or unenforceable, such provision shall be construed as severable and shall not in any way affect or render void, invalid or unenforceable any other provision of this Agreement, and this Agreement shall be carried out as if such void, invalid or unenforceable provision were not part of this Agreement.

No Waiver
No waiver on the part of baja.org to exercise, and no delay in exercising, any right, power or provision hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or provision hereunder preclude the exercise of that or any other right, power or provision.

baja.org Successors and Assigns
This Agreement shall be binding upon and inure to the benefit of any baja.org successor companies or assigns.

Headings
The headings in this Agreement are for convenience only and shall not affect the meaning or interpretation of this Agreement or any provision thereof.

Entire Agreement
This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether oral or written, relating to the subject matter hereof.

Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of New York applicable to agreements executed and performed wholly within the State of New York.

Last updated May-21-2005

 
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