Your use of the MaGlobe Services and Software constitutes your acceptance, and agreement with MaGlobe, Inc. (‘MaGlobe’), as follows: You understand and reaffirm your agreement to ‘MaGlobe's' then-current Terms of Service. You further agree and acknowledge that by using the ‘MaGlobe’ service; you will be subject to any applicable charges (if any) for the misuse of the ‘MaGlobe’ service as set forth in the terms and conditions of this agreement.

You understand that ‘MaGlobe’ provides no assistance, including any technical or customer support, in the use of the Software, and that your use of the Software is at your own risk. The Software is provided ‘as is’ and ‘as available’ and no warranties are provided, except as required by law. SPECIFICALLY, THE WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED.

Terms of Use

INTERNET, E-MAIL AND WEBSITE ACCESS MEMBER AGREEMENT
A. This Member Agreement ("Agreement") sets forth the terms and conditions for use of MaGlobe Internet Service, E-Mail and/or Website Access Service and all peripheral services provided by third party entities (the "Service"). By using our Service, you, as a "Member", agree to be bound by all of the terms of this Agreement as they relate to the specific features of the Service that you use, whether you use Service for internet access, e-mail services, or any other services, or simply to access and/or purchase goods on our website. By signing up as a Service member you may be auto-registered for peripheral services such as email, web-storage, web-page construction or any other peripheral services provided to you by third party entities not within the control or ownership of Service but provided to you. As such, you agree to abide by the terms and conditions of those peripheral services regardless of whether you review and independently agree to same, by agreeing to these terms and conditions. You also agree to abide by the terms and conditions posted on any other part of this Service that you use.

B. Member Eligibility. You represent and warrant that you are at least 18 years old. You agree to provide us with complete, accurate and current registration information. While minors may use this Service, you agree to be responsible for all activity and charges incurred, including payment for any goods or services, while your account is being used. You agree to be responsible for minor members of your household in the event they engage in spamming activity of any sort. You agree to maintain the security of your password and membership identification. You agree to immediately notify us of any unauthorized use of your account or any other breach of security or breach of this Agreement. Member can only access member account on one computer at any time. Accounts may not be accessed as part of a multi-user network, except where authorized by Service in writing. Since we give out free trial offers, we reserve the right to limit you to just one free trial. MaGlobe reserves the right to modify our fees structure or billing methods at any time and MaGlobe will provide notification of any such modification in the same manner described in this agreement for changes to the Member Agreement. MaGlobe also has the right to collect relevant taxes and impose surcharges for some areas of the service and these surcharges may apply even during your free trial. You are required to provide all relevant information as asked for during the process of registration and as required from time to time. In case the information is found to be inaccurate or mis-leading, we reserve the right to de-activate this Internet Access Plan. In case you breach the terms of this agreement, we reserve the right to discontinue your service, without providing any reason or justification for the termination. You will not be entitled to any financial compensation or refund of Registration Fees. PLEASE NOTE: ANY ATTEMPT BY ANYONE TO CIRCUMVENT THE SERVICE SOFTWARE TO GET ONLINE OR REMAIN ONLINE IN CONTRAVENTION OF THIS USER AGREEMENT THROUGH THE USE OF CIRCUMVENTION SOFTWARE OR OTHER ROBOTIC APPLICATIONS OR METHODS SHALL BE MET WITH SEVERE PENALTIES FOR ILLEGAL ACCESS AND RESULT IN FEDERAL CRIMINAL CHARGES BEING BROUGHT AGAINST THE PERPETRATOR FOR COMPUTER THEFT. ANY SUCH ACTIVITY OR ATTEMPTED ACTIVITY WILL BE MET WITH IMMEDIATE LEGAL ACTION BY SERVICE WITHOUT EXCEPTION. Service strictly prohibits members from sending unsolicited emails or Spam of any kind. Any member using spamming techniques of any kind will be immediately terminated and will not be able to reconnect with service. Member will be responsible for all costs involving such a disconnection of that member's service based on their spamming activity. Members are prohibited from artificially maintaining connectivity to the Internet by any means other than set forth in this Agreement. The attempt or actual use of robot programs, auto-logon or any other means to prevent disconnection from the Internet will result in immediate termination of member's account. You are responsible for providing all equipment necessary to use this Service. You may not transfer, sell or otherwise assign your rights or obligations under this Agreement. You are obligated to use any designated software upgrades and to download subsequent software, should you be so designated by Service. If at any time (60) sixty days pass during which you do not login or access your member email account or that account is inactive for a minimum period of 60 days, the email account may be disabled, suspended or terminated by Service, without notice. Members are obligated to keep Service informed as to their current email address and home membership information including address and phone number. Member's failure to provide current and accurate information may result in termination of service.

C. Payment. MaGlobe collects payments from customers in a ‘Prepaid’ format, but reserves the right to collect any excess usage charges from the Member in case it becomes evident that the prepaid charges are not sufficient to cover the actual usage by the Member. MaGlobe receives accounting details from some of its vendors on a periodic  basis and this necessitates that the charges are reconciled periodically. In such cases, MaGlobe may charge the Member any difference in charges as may be due and payable. When recovering such amounts, MaGlobe shall charge the Member an amount that is rounded off to the closest MaGlobe package type that covers such costs. Example: If a Member is deemed to be liable for an amount of $24.80, they will be charged an amount of $29.99 (This being the closest rounded MaGlobe package type.)

D. Disclaimer. Except for goods, services and information clearly identified as being supplied by Service, all other goods, services and information are being supplied by third parties who are not affiliated with us. We are not acting as an agent for such third parties and we do not endorse goods, services or information that may be offered by third parties on this Service or on the Internet. You agree that we are not to be held liable for any costs or damages arising out of any dispute between you and a third party with respect to your use or purchase of a third party's goods, services or information. Any questions or complaints should be directed to the seller of the goods, services or information provider only. Goods, services and information provided to you by third parties may be subject to additional charges, terms and conditions. By using or purchasing such goods, services and information, you agree to be bound by such additional charges, terms and conditions. WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT OR TO MODIFY OR DISCONTINUE THE FEATURES OF OUR SERVICE WITHOUT NOTICE OF ANY KIND TO MEMBERS. SERVICE RESERVES THE RIGHT AND PRIVILEGE TO REMOVE ANY MEMBER AT ANY TIME WITHOUT PRIOR OR WRITTEN NOTIFICATION. SERVICE MAY LIMIT ACCESS OR CONDITION ACCESS TO THE INTERNET BY POSTING SUCH LIMITS OR CONDITIONS ON THE SERVICE WEBSITE. AFTER SUCH CHANGES ARE POSTED ON THE SERVICE WEBSITE, YOUR CONTINUING USE OF THIS SERVICE INDICATES YOU AGREE TO BE BOUND BY SUCH CHANGES.

E. Content and privacy policy. We do not make any representations, nor do we endorse the accuracy, truthfulness, timeliness, or reliability or usefulness of any materials, goods, services or information that is on this Service or that is accessed using this Service including e-mail. Statements reflect the views of their author only. We do not guarantee that material that is posted on this Service or elsewhere has been posted with the permission of the copyright or proprietary owner. Advice, opinions and statements should not be relied upon when making important personal, medical, legal or financial decisions. You should consult a professional to obtain specific advice appropriate to your circumstances. You acknowledge that some material that may be accessed on or through this Service may contain mature material that may be offensive to you or that may be unsuitable for minors, and you agree to supervise and hold us harmless from any such use. Service agrees that it shall disseminate no information relating to any specific member in any way. Service pledges to protect all specific member information provided to Service by member and to not release such information to any third party or entity.

F. Member Content & E-Mail. You may not publish, post, or distribute any material using this Service that is defamatory, libelous, obscene, pornographic, threatening, harassing, abusive, hateful, in violation of applicable law, or that inhibits other users from enjoying this Service. You may not violate or infringe on the rights of third parties, including privacy, publicity and proprietary rights. You may not send unsolicited e-mail's (or "junk e-mail") using this Service (except in areas of the Service that are expressly designated for this purpose, if any). We assume no responsibility for the deletion or failure to store e-mail messages. We may establish an upper limit on the size of message storage that will be available for users. You may not post chain letters, charity requests, or petitions for signatures. Do not upload files that contain a virus or other destructive material or corrupted data. You are responsible for any statements or other content that may be posted using your account, including liability for harm caused by such statements or material. Your public postings are subject to review, modification and deletion without prior notice. Although we reserve the right to block, alter or delete public postings or unsolicited e-mails or e-mails that otherwise violate this Agreement, it is not our responsibility to do so. You understand and agree that technical processing of e-mail messages and their content may be required to send and receive messages, or to conform to connecting networks' requirements or the limitations of this Service. Your failure to observe any of the limitations or obligations in this Agreement may result in civil or criminal liability, as well as termination of your account.

G. Ownership. This Service, including but not limited to software, content, text, photographs, graphics, audio, and the compilation as a whole, is protected by copyright under U.S. copyright and other laws and applicable laws of countries where the service is availed. You must abide by all additional copyright notices or restrictions contained in this or other services. All programs, designs, software, materials, technologies, trademarks, service marks and logos offered on this Service are wholly owned by Service, or are otherwise validly licensed to it. Trademarks, service marks and logos owned by third parties remain the property of such third parties. You may not delete any author attributions; legal or proprietary notices in this Service or elsewhere. You may not copy, distribute, display, modify, create derivative works, alter, transmit or in any way exploit the content or material on this Service for personal gain, except that you may use the content or materials on this Service for your personal, non-commercial use, limited to making one print copy and one machine-readable copy of any such material. The content or materials on this Service may not be used to construct any kind of database. You may not translate, modify, reverse-engineer, reverse-compile, decompile, disassemble or make derivative works of any software or components that are available on this Service. You may only post material to this Service if you have obtained appropriate copyright and other permission to post such materials and to permit others to download such material. You agree not to interfere or take action that results in interference with or disruption of the Service or servers or networks connected to this Service. You agree not to attempt to gain unauthorized access to other computer systems or networks connected to this Service. You agree not to resell or make any commercial use of this Service. You acknowledge that we have a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform and display any materials or ideas that you post to this Service. We grant you a non-exclusive; limited license to use this Service (and software) as set forth in this Agreement. Title, ownership rights and intellectual property rights in this Service (and software) shall remain vested in Service and its suppliers and licensors. We may use your profile information as well as your Internet surfing habits for marketing and advertising purposes. Members may be required to update their profile upon request by Service at reasonable random periods to continue using the Service. A Member's failure to update or complete such profiles may result in their access to the Internet being terminated, assessment of penalty fees or both as penalties. We are not responsible for use of personal information that is obtained by third parties as a result of your use of the Internet. If you need to correct or update any personal information, you may do so by contacting us via e-mail. You may not use this Service to collect or distribute personal information of other Members, including e-mail addresses.

H. All accounts are valid for 1 (one) year from date of purchase or renewal. To continue using the account beyond the 1 (one) year term and rolling over any credit balance, users will need to renew the account by adding funds to it, which will extend the validity for a full year. This renewal will cause any existing balance to rollover, so that you can utilize during the renewed period. Users will not be entitled to any refund of unused balance in the account on expiry. MaGlobe is not obligated to credit back any unused balance in your account and we suggest that the customer use up any remaining balance before the expiry date.

I. LIMITED LIABILITY. THIS SERVICE (INCLUDING SOFTWARE AND ANY GOODS, SERVICES OR INFORMATION THAT MAY BE USED OR PURCHASED BY MEANS OF THIS SERVICE OR OTHER THIRD PARTY SERVICES) IS PROVIDED "AS IS." YOU MAY RELY ON THIS SERVICE AND OTHER THIRD PARTY SERVICES SOLELY AT YOUR OWN RISK. WE DO NOT WARRANT THAT THIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE ON OR THROUGH THIS SERVICE. WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO THIS SERVICE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR USEFULNESS WITH RESPECT TO THIS SERVICE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THIS SERVICE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS, INCLUDING LOSS OF DATA, RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES OR OTHER MATERIAL USING THIS SERVICE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES AND OTHER DESTRUCTIVE MATERIALS TO THIS SERVICE, WE DO NOT GUARANTEE OR WARRANT THAT THIS SERVICE OR MATERIALS THAT MAY BE DOWNLOADED FROM THIS SERVICE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.

J. RELEASE. YOU AGREE THAT SERVICE, ITS AFFILIATES, AGENTS, LICENSORS OR OTHER THIRD PARTIES WHO CONTRIBUTE TO THIS SERVICE (INCLUDING WITHOUT LIMITATION OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS), WILL NOT BE LIABLE FOR DAMAGES OR COSTS WHETHER DIRECT OR INDIRECT (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS SERVICE OR YOUR PURCHASE OR USE OF GOODS, SERVICES OR INFORMATION AVAILABLE ON THIS SERVICE OR ON THE INTERNET OR FROM MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THIS SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF OTHER THIRD PARTIES OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY FOR ANY BREACH IS LIMITED SOLELY TO REPLACEMENT OF OUR SOFTWARE IF IT IS DEFECTIVE. WE DO NOT WARRANT THAT THIS SERVICE IS WITHOUT DEFECTS. YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.

K. INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SERVICE, ITS AFFILIATES, AGENTS, LICENSORS AND THIRD PARTIES WHO CONTRIBUTE TO THIS SERVICE (INCLUDING WITHOUT LIMITATION DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS) FROM ANY AND ALL LIABILITIES, CLAIMS, EXPENSES AND DAMAGES (INCLUDING ATTORNEYS FEES) ARISING OUT OF YOUR USE OF, OR IN CONNECTION WITH USE OF YOUR ACCOUNT, INCLUDING WITHOUT LIMITATION ANY CLAIM OF LIBEL, DEFAMATION, VIOLATION OF RIGHTS OF PRIVACY OR PUBLICITY, LOSS OF SERVICE BY OTHER MEMBERS AND INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER RIGHTS.

L. Cancellation. We may terminate your account at any time, without prior notice, at our sole discretion. You acknowledge and agree that we may immediately delete e-mail files in your account and bar any further access to such files or this Service. We shall not be liable to you or any third party for termination of this Service. If we cancel your account for any reason, you agree that you will not reregister or use this Service in your name or under any other name owned or controlled by you without first obtaining our written (including e-mail) permission. We may assign our rights and duties under this Agreement to others at any time without prior notice to you. The conditions applicable to this Agreement including without limitation, accrued charges, use of data, ownership, limited liability, release, indemnification, and rights of third parties, survive termination of this Agreement.

M. Third Party Rights. This Agreement also is entered into for the benefit of third parties, and they have the right to assert and enforce all of the provisions of this Agreement directly on their own behalf.

Should you have any questions concerning this Agreement, or if you desire to contact MaGlobe for any reason, please contact

MaGlobe, Inc.
10253 Parkwood Drive, #1
Cupertino, CA 95014, USA.
Tel: 408-873-8508
E-mail: admin@maglobe.net

This Agreement constitutes the entire agreement between you and Service and supersedes any prior agreements between us. The laws of the State of California, USA, exclusive of its conflict-of-laws rules govern this Agreement. You consent to personal jurisdiction and to exclusive jurisdiction and venue of legal proceedings in California, USA, in all disputes arising out of or relating in any way to this Service. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. You must begin any legal proceeding within one year after your claim arises. ALL DISPUTES, CONTROVERSIES OR CLAIMS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE SERVICE (DISPUTES) SHALL BE SETTLED BY FINAL AND BINDING ARBITRATION CONDUCTED IN CALIFORNIA, USA, BY A NEUTRAL ARBITRATOR, IN ACCORDANCE WITH THIS AGREEMENT, AND THE THEN CURRENT COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND SERVICE'S DISPUTE RESOLUTION POLICIES, WHICH ARE AVAILABLE FOR REVIEW IN FULL. The arbitrator shall not have the power to award any damages or remedies in excess of the limits set forth in or excluded under this Agreement. 

Our performance under this Agreement is subject at all times to existing laws and nothing contained in this Agreement limits our right to comply with law enforcement requests or requirements relating to a Member's use of this Service. You represent and warrant that you will comply with all applicable local, state and federal laws, including applicable export laws. Use, duplication and disclosure of software outside of the United States is subject to RESTRICTED RIGHTS as set forth under applicable federal law.

Copyright© 2001. MaGlobe, Inc. All rights reserved.