Saturdaymarkets.com registers requests for specific names on a first come, first served basis. It does not have the resources or legal obligation to determine if the use of a name may infringe on the right of a third party. Consequently, as an express condition and a material inducement for the grant of a request to register a name for an e-mail address herein, Applicant represents and warrants as follows:
(a) Applicant's statements in the registration application are true and it has the right to use the name requested in the application for its e-mail address;
(b) The use or registration of a name, to the best of Applicant's knowledge, does not interfere with or infringe the rights of any other person or individual with respect to any trademark, service mark, trade name, company name, individual likeness or other intellectual property rights; and
(c) Applicant is not seeking to use the name for any unlawful purpose including, without limitation, tortious interference with contracts or prospective business advantage, unfair competition, injuring the reputation of another, or for the purpose of confusing or misleading any person or individual.
(d) Applicant will not use Saturdaymarkets.com email for SPAM, UCE or Unsolicited Commercial E-mail, or Bulk e-mail purposes. Saturdaymarkets.com considers this purpose unlawful because it forces the burden of cost onto the recipient of such e-mail without the recipient's consent.
Applicant is solely responsible for its selection of the name to be used herein. Applicant shall defend, indemnify and hold harmless (i) SATUDAYMARKETS.COM, its managers, employees and agents and (ii) the owner, employees and agents of any Internet domain name utilized by SATURDAYMARKETS e-mail as part of any e-mail address assigned to Applicant herein for any damage, expense or liability resulting from any claim, action or demand arising out of or related to the use or registration of Applicant's name for e-mail, including a reasonable attorneys fees. Such claims shall include, without limitation, those based upon trademark or service mark infringement, trade name infringement, unfair competition, defamation, and injury to business or reputation.
Applicant agrees Saturdaymarkets.com shall have the right to withdraw or suspend an e-mail name or address from use and registration of its service upon Saturdaymarkets.com's receipt of a properly authenticated order from a court of competent jurisdiction or arbitration panel, which finds that Applicant's use of the registered name in its e-mail address violates the rights of a third person, or enjoins Applicant from the use of such name or address pending further proceedings.
Applicant acknowledges and agrees that Saturdaymarkets.com cannot act as a arbiter of disputes arising out of the registration and use of any name or e-mail address.
Applicant expressly acknowledges and agrees that the statements and representations set forth above are reasonable and necessary to induce Saturdaymarkets.com to assign and rent an e-mail address to Applicant. Applicant agrees these terms shall survive and become a part of any rental agreement entered into between Applicant and Saturdaymarkets.com.
This Agreement between SATURDAYMARKETS.COM, ("Saturdaymarkets.com"), and the undersigned ("User") becomes effective upon the date set forth at the end of this Agreement.
RECITALS:
WHEREAS, Saturdaymarkets.com operates, markets and services an online computer e-mail service; and User desires to rent an e-mail address ("Address").
Section 1. TERM OF AGREEMENT.
The term of this Agreement shall be one year beginning on the date set forth hereinafter. Either party may terminate the Agreement by giving written notice by mail or e-mail of their intent to terminate, not less than thirty (30) days prior to the first year anniversary of this Agreement. On the anniversary hereof, this Agreement shall automatically be renewed on an annual basis, according to the same terms and conditions herein including any subsequent alterations or modifications under paragraph 7, unless prior notice of cancellation was given. Time is of the essence and User's failure to make such annual payment by 5:00 p.m. West Coast Time of the fifteenth (15th) day following the anniversary date, shall result in the automatic termination of services and the loss of User's Address without any further notice or action by either party. Further, Saturdaymarkets.com reserves the right to cancel and reassign User's Address for any breach of this Agreement including, but not limited to, User's failure to timely pay the renewal fee.
User acknowledges it is not purchasing any goods or products, but is merely renting a specific Address during the term of this Agreement. At all times and for all purposes hereunder, Saturdaymarkets.com shall retain the exclusive ownership of all Addresses and it's rights to the use of any Internet domain names utilized as the common group portion of the Address. In the event this Agreement is terminated for any reason, User shall not have any continuing rights, title or interests in such Address or name.
Section 2. USER S REPRESENTATIONS.
User represents he/she is a least eighteen (18) years old.
Section 3. THE COST AND FEES OF SERVICES.
User agrees to pay in accordance to the prices published for rental. Payment shall be made by check or credit card. User hereby expressly authorizes Saturdaymarkets.com or its agent to charge User's credit card for all fees hereunder, including any renewal periods, without further notice or authorization.
Section 4. DISCLAIMER OF AND LIABILITY.
USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE USE OF THIS SERVICE AND THE INTERNET ARE AT USER'S SOLE RISK. NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS MADE AS TO THE SUITABILITY OR APPLICABILITY OF THIS COMMUNICATION SERVICE FOR ANY PURPOSE WHATSOEVER AND IS PROVIDED "AS IS." SATURDAYMARKETS.COM'S LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED SOLELY TO THE AMOUNT PAID FOR YOUR MONTHLY ACCESS TO SUCH SERVICE.
Section 5. CHOICE OF LAW.
This Agreement shall be interpreted and enforced pursuant to the laws of the State of Oregon. In the event of a dispute, the parties agree and consent that any action shall be brought in Portland, OR. Specifically, the parties agree Portland is a proper venue and hereby waive any objections or defenses to such jurisdiction and venue. In the event either party retains legal counsel to enforce any of the provisions of this Agreement, the party against whom judgment is rendered shall pay all reasonable expenses, costs and attorneys fees incurred by the other party.
Section 6. ASSIGNMENT.
User acknowledges that the rights to the use of any Address assigned by Saturdaymarkets.com, shall be made for the sole benefit of User. Accordingly, User shall not sell, assign, sub-lease or allow a third party to use its Address, such action will be considered a material breach of this agreement, resulting in its immediate termination.
Section 7. ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement between the parties and supersedes any and all prior agreements, written or oral. Provided, however the statements, representations, terms and conditions contained in the E-MAIL ADDRESS REGISTRATION APPLICATION are incorporated herein and are made a part of this agreement as if they were set forth in their entirety herein. Further, Saturdaymarkets.com may revise or amend this Agreement at any time, and such revisions or amendments shall become effective immediately upon notifying you by e-mail of the revised or amended terms. If any revision or amendment to these terms are unacceptable, you may terminate this Agreement and receive a refund of the unused portion of your annual fee. Your failure to send notice of cancellation and the continued use of this service following your receipt of notice of any revision or alteration shall be conclusive evidence of your consent and acceptance of the new terms and conditions.
If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions hereof shall remain in full force and effect.
Section 8. SIGNATURE
The parties expressly agree User may execute and return this Agreement via fax or e-mail. User's facsimile or electronic signature shall constitute a valid and binding signature upon which Saturdaymarkets.com may rely; and upon delivery of such to Saturdaymarkets.com, User waives any defenses relating to the execution or binding effect of such signature in any dispute arising between the parties.