Chat4all.org
END-USER SERVICES AGREEMENT

This End-User Services Agreement ("Agreement") is an agreement between you, an individual or an individual acting on behalf of your employer, a corporation, partnership, or other legal entity that will be using Chat4all.org's services ("User"), Chat4all.org, a Dutch privately owned service located at PoBox 352, 5201AJ 's-Hertogenbosch, The Netherlands ("Provider"). Chat4all.org's services, as described below in Section 2 and Exhibit A hereto (the "Services"), include proprietary materials, the use of which is subject to the terms and conditions of this Agreement.

1. ACKNOWLEDGMENT AND ACCEPTANCE OF AGREEMENT

The Services, provided by Provider to User under the terms and conditions of this Agreement and Exhibit A hereto, any amendments to this Agreement and/or Exhibit A, and any operating rules or policies that may be published from time to time by Provider, all of which are hereby incorporated by reference. This Agreement comprises the entire agreement between User and Provider and supersedes any prior agreements pertaining to the subject matter contained herein.

2. DESCRIPTION OF SERVICES

Provider is providing User with any or all of the following services: (a) email; (b) chat; and (c) any other services which Provider may elect to provide in the future. Provider does not charge User for the Services (though Provider may do so at any time in the future), but may charge for enhancements User may elect to obtain (e.g., service package free of advertisements).

Provider also reserves the right to modify or discontinue, temporarily or permanently, the Services with or without notice to User. User agrees that Provider shall not be liable to User or any third party for any modification or discontinuance of the Services.

3. USER'S REGISTRATION OBLIGATIONS

User must be at least thirteen (13) years old to register for the Services. In consideration of use of the Services, User agrees to: (a) provide true, accurate, current, and complete information about User as prompted by the registration form; and (b) to maintain and update this information to keep it true, accurate, current, and complete. If any information provided by User ("Registration Data") is untrue, inaccurate, not current, or incomplete, Provider has the right to terminate User's account and refuse any and all current and/or future use of the Services.

4. USER CONTENT

Provider considers email transmitted via the Services to be the private correspondence of the sender. The Provider will not monitor, edit, or disclose the contents of a User's private communications, except that User agrees that Provider may do so: (a) as required by law; (b) to comply with legal process; (c) if necessary to enforce this Agreement; or (d) to respond to claims that such contents violate the rights of third parties.

User acknowledges and agrees that Provider does not endorse the content of any User communications and are not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, tortious, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another.

5. USER NAME, MEMBER ACCOUNT, PASSWORD AND SECURITY

User will be asked to choose the first part of its user name, which will be followed by the "@" symbol and service domain name (Example: YourNameHere@chat4all.com). User agrees to choose a user name which is unique, not obscene, unlawful, or otherwise objectionable, in Provider's sole discretion.

User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under User's account. User agrees to immediately notify Provider of any unauthorized use of User's password or account or of any other breach of security.

6. USER CONDUCT

User agrees to abide by all applicable local, state, national, and international laws and regulations during use of the Services, and agrees not to interfere with the use and enjoyment of the Services by other users. User agrees to be solely responsible for the contents of User's private and public communications, whether uploaded, posted, emailed, or otherwise transmitted through the Services.

User agrees: (a) not to use the Services for illegal purposes; (b) not to interfere with or disrupt the Services or servers or networks connected to the Services; (c) to comply with all requirements, procedures, policies, and regulations of networks connected to the Services; an (d) not to resell the Services or use of or access to the Services.

User agrees not to upload, post, email, or otherwise transmit through the Services: (a) any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, tortuous, or otherwise objectionable material of any kind; (b) any material that violates the rights of another, including, but not limited to, the intellectual property rights of another; (c) any material that violates any applicable local, state, national, or international law or regulation; or (d) unsolicited or unauthorized advertisements, promotional materials, "junk mail," "spam," "chain letters," or other forms of solicitation. User agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the Services. User acknowledges and agrees that Provider may ban User from future use of the Services if User does not comply with Provider's standards of conduct, even if User attempts to use the Services through another Client or under a different name. Furthermore, User acknowledges and agrees that Provider may recover damages from User if User violates these terms.

7. INDEMNITY

User agrees to indemnify and hold Provider, their 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 violation of this Agreement, or User's violation of any rights of another party.

8. STORAGE OF COMMUNICATIONS

Provider assumes no responsibility for the deletion or failure to store email messages, communications, or other content maintained or transmitted through the Services. Provider may establish in its sole discretion an upper limit on the extent of message storage it will maintain for User.

9. TERMINATION

(a) User agrees that Provider may terminate User's password, account, or use of the Services if Provider believes: (i) that User has violated or acted inconsistently with the letter or spirit of this Agreement; or (ii) that User has violated the rights of Provider or other Users or parties. User further agrees that Provider may terminate User's password, account, or use of the Services if User a.) fails to use the Services at least one time within seven (7) days after initial registration (the "Initial Period"); or b.) fails to use the Services at least one time during any consecutive 30-day period following the Initial Period.

(b) User agrees Provider may immediately delete User's account and all related information, communications, and files, and may bar any further access to such account, communications, files, or the Services under any provision of this Agreement. User also acknowledges and agrees that termination of any of the Services may be effected without prior notice.

10. PROVIDER'S PROPRIETARY RIGHTS

User acknowledges and agrees that content, including, but not limited to, text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to User through the Services or third party advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. User acknowledges and agrees that User is permitted to use this material and information only as expressly authorized by Provider, or advertisers, as applicable, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without such express authorization.

11. DISCLAIMER OF WARRANTIES

(a) 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.

(b) PROVIDER 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.

(c) PROVIDER MAKES NO WARRANTY THAT THE SERVICES WILL MEET USER'S REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PROVIDER MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

(d) USER UNDERSTANDS AND AGREES THAT ANY INFORMATION, CONTENT, DATA, OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR FROM THE SERVICES IS OBTAINED AT USER'S OWN DISCRETION AND RISK, AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

(e) PROVIDER MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.

(f) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM PROVIDER, OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

(g) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO SOME USERS.

12. LIMITATION OF LIABILITY

(a) USER AGREES THAT PROVIDER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR FROM MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) USER FURTHER AGREES THAT PROVIDER SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION, OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.

(c) Please be advised that a virus scanner may not be able to detect or repair all viruses and variants, as new viruses and variants frequently appear. Please be aware that there is a risk involved whenever downloading email attachments to your computer or sending email attachments to others and that, as provided in the Terms of Service, Chat4all is not responsible for any damages caused by your decision to do so.

(d) Please be advised that our Spam filtering product and other products of its type are not 100% effective and from time to time our product may misclassify spam as legitimate mail and legitimate mail as "{SPAM}". Users are advised to periodically check their "{SPAM}" email, for it have been mislabeled.


13. AMENDMENT

Provider may modify this Agreement at any time, and such modifications shall be effective immediately upon posting or other method of notification to User, which notice may be provided on the Web pages through which User accesses or uses the Services. User's continued access or use of the Services shall be deemed to be User's conclusive acceptance of the modified Agreement.