Excelsior Internet Services (of which MyDownlineNetwork.com is a division, and herinafter referred to as Company) agrees to furnish Internet marketing-related tools and services to registered users (hereinafter referred to as "Members") pursuant to the following Terms of Service (hereinafter referred to as "Terms").
Company agrees to provide Member with such products/services (hereinafter referred to as "Services") as are at any present time offered under the membership plan that Member is enrolled under.
3.1 Member shall utilize Services only for the sole and direct benefit of Member, and is under no circumstances authorized to utilize said Services for the benefit of any third party. For the purposes of these Terms, a "third party" shall include, but not be limited to, individuals, groups, or businesses acting as affiliates, associates, or in any other way affiliated with Member.
3.2 Member shall not utilize Services for any activity that is unethical or unlawful. Such activities include, but are not limited to:
3.2.1 The storage and/or transmission of any information or material in violation of any Federal (USA), State (Missouri), or Local (Saint Louis) law, or of any law enacted by the government of Member's place of residence.
3.2.2 Any activities that are in any way directly or indirectly connected to illegal activity.
3.2.3 The storage or transmission of any information or material that violates the rights of another party, including, but not limited to, copyright, confidentiality, and privacy protections.
3.2.4 The storage or transmission of any information or material which is objectionable or in any way harmful to the public good, including, but not limited to, such of a sexually explicit, racist, libel, threatening (of any person or property), hateful, or fraudulent nature.
3.2.5 The storage or transmission of any files or attachments that carry viruses or that may, in any way, cause harm or inconvenience to Company or the recipient of said items.
3.2.6 The transmission of messages via e-mail or any other means offered by Company for the purposes of SPAM (sending unsolicited messages).
3.2.7 The promotion of any product or service that is designed to promote or in any way facilitate the sending or proliferation of SPAM.
3.3 Member shall not utilize any products or services offered by Company to which Member is not entitled to under his/her chosen membership plan (hereinafter referred to as Plan). Furthermore, Member understands that to attempt in any way to circumvent any restriction or limitation in place by Company shall constitute a breach of these Terms.
3.4 Member shall not use any hardware or software intended to damage or otherwise interfere with the proper and timely functioning of the products and services provided by company.
3.5 Member shall not attempt to acquire any company, system, or personal information from the Company server(s) to which Member is not expressly entitled.
3.6 Member shall not import or in any way use purchased leads in conjunction with Services. All leads utilized in conjunction with Services must have been acquired directly by Member and must have specifically requested subscription directly from Member. This rule applies to any and all third party list building services, including, but not limited to, co-registration services, safelists, or any other type of third party list building services.
3.6.1 The only exception to this rule are lists generated through companies that Company deems trustworthy suppliers of leads, which list of trusted companies is posted in the Members Area.
3.7 Member shall not use an autoresponder subscription e-mail address as the 'return', 'reply to', or 'from' address of any e-mail or advertising. Member also shall not use an autoresponder subscription e-mail address as a 'remove' or 'unsubscribe' address.
3.8 Member shall not utilize Services in connection with any FFA (Free-For-All) list, classified advertising board, or message board (discussion forum or bulletin board system) in which Member posts any autoresponder e-mail address provided by Company. Should Member own or operate such an advertising outlet, Member shall not subscribe any address that has been posted to such an outlet, nor lead his/her clients to subscribe themselves unknowingly.
4.1 Company reserves the right to suspend service to Member at any time and for any reason without prior notice. For service suspensions lasting more than 14 days, Company agrees to provide reason to Member.
4.2 Services may be terminated immediately and without notice by Company should any provision of these Terms be violated.
5.1 Company makes no warranties of any kind, expressed or implied, regarding the stability of its products and services. Company also expressly disclaims any warranty of merchantability or fitness for a particular purpose. Company will not be liable for any damage suffered, including, but not limited to, loss of data resulting from delays, nondeliveries, misdeliveries, or service interruptions caused by Company's negligence or Member's errors or ommissions.
5.2 Member agrees to use any information obtained via Company at his/her own risk. Company does not warranty or guarantee the accuracy or quality of information obtained through its products or services.
5.3 Any liability of Company, including without limitation any liability or damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action, shall be strictly limited to the amount paid by or on behalf of Member to Company for the current month.
6.1 At the sole discretion of Company, the provisions of these Terms may be changed without previous notice to Member, although such provisions will be made available for review in the Members Area. Member understands that changes made by Company shall not be grounds for non-payment of any fees for services previously acquired, whether said services have been fully provided to-date or not (in the case of pre-payment).
7.1 These Terms supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order.
7.2 Should any provision of these Terms be held to be illegal, invalid, or unenforceable by a court of law, the remaining provisions shall remain in full force and effect.
7.3 This agreement shall be governed by the laws of the State of Missouri and the United States of America.
7.4 Use of Company products and/or services constitutes understanding and acceptance of these Terms.
Last Modified: January 24, 2007