Lycos Mail Terms of Service
Lycos may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use Lycos Mail.
1. Description of Service. Lycos offers subscription and unpaid versions of its electronic mail services (the "Service"). Lycos reserves the right, in its sole discretion, to limit the amount of storage space available per user and to delete materials stored for an excessive period while the user's account has been inactive, or for violation of this Agreement. Specifically, Lycos reserves the right, in its sole discretion, to delete any materials (including e-mails) stored in connection with an unpaid Lycos Mail account if the user's account has been inactive for thirty (30) days. If you subscribe to Lycos Mail, you agree to be bound by the subscription agreement.
2. Use. The Service is made available to you for your personal use only. You must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. Lycos reserves the right to refuse service to anyone at any time without notice for any reason.
3. Member and User Conduct. Upon registering, you will receive a password and Lycos Mail ID. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify Lycos of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Lycos Network cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
In addition to the Prohibited Conduct listed in Section 6 of the General Terms and Conditions, you agree that you will not use the Service to:
- Generate or facilitate unsolicited commercial e-mail ("spam"). Such activity includes, but is not limited to
- sending e-mail in violation of the CAN-SPAM Act or any other applicable anti-spam law
- imitating or impersonating another person or his, her or its e-mail address, or creating false accounts for the purpose of sending spam
- data mining any Web property (including Lycos) to find e-mail addresses
- sending unauthorized mail via open, third-party servers
- sending e-mails to users who have requested to be removed from a mailing list
- selling, exchanging or distributing to a third party the e-mail addresses of any person without such person's knowing and continued consent to such disclosure
- sending unsolicited e-mails to significant numbers of e-mail addresses belonging to individuals and/or entities with whom you have no preexisting relationship
- Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content
- Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature
- Conduct or forward pyramid schemes and the like
- Transmit content that may be harmful to minors
- Impersonate another person (via the use of an e-mail address or otherwise) or otherwise misrepresent yourself or the source of any e-mail
- Illegally upload, transmit, or store, or offer to do the same with respect to another's intellectual property or other proprietary information without such owner's or licensor's permission
- Use Lycos Mail to violate the legal rights (such as rights of privacy and publicity) of others
- Promote or encourage illegal activity
- Interfere with other Lycos Mail users' enjoyment of the Service
- Create multiple user accounts in connection with, or for the purpose of, any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretenses
- Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer any Lycos Mail account
- Remove any copyright, trademark or other proprietary rights notices contained in or on the Lycos Mail Service
- Reformat or frame any portion of the web pages that are part of the Lycos Mail Service
- Use the Lycos Mail Service in connection with illegal peer-to-peer file sharing
- Use the Lycos Mail Service in a manner that is not intended (such as file archiving, rather than sending e-mail communications)
- Use the Lycos Mail Service in any way that exposes Lycos to criminal or civil liability
Lycos also may suspend or terminate any user account for any Product or Service because of user inactivity. For example, a Lycos Mail account may be terminated or suspended if a user fails to sign-in to the Lycos Mail Service for an extended period of time; please see the Lycos Mail Help section for more information regarding Lycos Mail's policies concerning account termination. If your account is suspended or terminated for inactivity, your right to use the Service immediately ceases.
4. Content. You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not the Lycos Network, are entirely responsible for all Content that you upload, post, e-mail or otherwise transmit via the Service. The Lycos Network does not control the user or third party Content posted via the Service, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and Agree that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Lycos Network be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, e-mailed or otherwise transmitted via the Service. As a general matter, Lycos does not pre-screen user or third party Content posted on the Lycos Network, except for certain areas where Lycos employs certain automated screening software, although Lycos reserves the right to do so, including, without limitation, spam filtering. Lycos does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. Furthermore, Lycos does not guarantee that all spam will be blocked from your account, or that legitimate mail will not be flagged as spam. Lycos reserves the right to monitor some, all, or no areas of the Service for adherence to these Terms and Conditions or any other rules or guidelines posted by Lycos.
5. Intellectual Property Rights of Lycos. You acknowledge and agree that certain Content available through and used to operate the Lycos Network and the Service is protected by copyright, trademark, patent, or other proprietary rights of Lycos and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by Lycos in connection with the Service. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by Lycos, any of Lycos's affiliates, or any of Lycos's service providers. You agree not to use any of the trademarks or service marks or other Content accessible through the Lycos Network of any purpose other than the purpose for which such Content is made available to users by Lycos. You agree not to defame or disparage Lycos, the trademarks or service marks of Lycos, or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Service or any software or programs used in connection with the Service or the Lycos Network.
6. Representations and Warranties. You represent and warrant that all of the information provided by you to Lycos to participate in the Service is accurate and current; and you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
8. Account Inactivity. Lycos reserves the right, in its sole discretion, to delete any materials (including e-mails) stored in connection with an unpaid Lycos Mail account if the user's account has been inactive for thirty (30) days.
9. Termination; Cancellation. You may cancel your use of the Service and/or terminate this Agreement with or without cause at any time by providing notice to Lycos Customer Service provided, however, that a terminated account may continue to exist for up to two business days before such cancellation takes effect. Lycos may at any time and for any reason terminate the Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless Lycos has previously canceled or terminated your use of the Services (in which case subsequent notice by Lycos shall not be required), if you have provided an alternate e-mail address, Lycos will notify you via e-mail of any such termination or cancellation, which shall be effective immediately upon Lycos's delivery of such notice. Sections 3, 4, 5, 7, and 9 - 11 of the Agreement, along with applicable provisions of the General Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination.
10. Indemnification. By using the Service you agree to hold harmless and indemnify Lycos, Inc. and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the Service, or your submission of ideas and/or related materials to Lycos or from any person's use of any account or password you maintain with any portion of the Lycos Network, regardless of whether such use is authorized by you.
11. Choice of Law and Jurisdiction. Unless expressly stated to the contrary elsewhere within the Service, all legal issues arising from or related to the use of the Service shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the Commonwealth of Massachusetts applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms and Conditions or any user's use of the Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Boston, Massachusetts, and judgment on the arbitration award may be entered into in any state or federal court in Massachusetts having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Massachusetts having jurisdiction thereof. Except as set forth above, the state and federal courts of Massachusetts shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user's use of the Service. By using the Service and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the state and federal courts in Massachusetts with respect to all such disputes.