Terms Of Service

Welcome to EmailASmile.com ("the Site"). By accessing, browsing, registering at, and/or using the Site, you acknowledge that you have read, understood, and agree to these terms of service ("Terms") and will comply with all applicable laws and regulations. "You" are the person or entity using the Site, ordering or using Applications or described on the Site registration form. Using the services provided on this web Site will constitute acceptance with the following Terms and conditions. If you do not agree, please stop using this Site.

You are entirely responsible and liable for all activities conducted through your usage on the Site. EmailASmile.com, LLC shall not be responsible for any content contained in greeting cards that you create, modify or alter from the Site.

Sending anonymous cards or cards with fake sender email addresses is prohibited. You agree that you are liable for all correspondence coming from your email account, whether or not made with your knowledge or authority.

You agree not to send greeting cards with content that is threatening, abusive, harassing, obscene, pornographic, defamatory, hateful, unlawful, or otherwise inappropriate. The site may capture your computer's IP address when you register at the Site and/or send an email from the Site such as an e-card. If this e-card or any of your actions on the Site become the subject of an investigation, your Internet Service Provider may be asked to reveal your identity. EmailASmile.com, LLC shall have the right, but not the responsibility, to remove e-cards and other content you create that is deemed in our sole discretion in violation of this agreement.

You agree not to add copyrighted images, music, wording or other content to your e-cards, emails, or other Site services unless you have obtained the copyright owner's permission to do so. You represent and warrant that no materials or content submitted by you to the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy; contain unlawful material; and that you are at least eighteen years old. You hereby indemnify and hold harmless EmailASmile.com, it's owners, employees, directors, agents, content and technology providers, vendors, and contractors (the "indemnified Parties") from and against all liability and costs, including reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your EmailASmile.com account of these Terms of Service or the representations and warranties contained herein.

EmailASmile.com, LLC takes your privacy very seriously. We protect the privacy of all information that we receive while you are visiting the Site. This can be individually identifiable information (like your email address) or any other information that your web browser and Internet Service Provider send along with your online page requests. As a supporter of the Coalition Against Unsolicited Email (CAUCE), we strongly disapprove of spamming. For additional information, please refer to our Privacy Policy contained on this Site.

EmailASmile.com, LLC reserves the right to send you email regarding administrative or legal matters, relating to the Site, or notifying you of changes to the Site even if you have not subscribed to our email newsletter.

EmailASmile.com, LLC reserves the right to disclose information about your usage of the Site and demographics provided that it will not reveal your personal identity.

In consideration of your use of the Site, you agree to provide accurate and complete information as required by the Site registration and membership process. You agree to update your personal information in order to maintain its accuracy. You may not use the account of another person with the intent to impersonate that person or use the account to which another person has rights without such person's authorization. You shall be responsible for maintaining the confidentiality of your password. You will notify EmailASmile.com, LLC of any unauthorized use of your account.

Individuals, organizations and businesses may not use this service to send email to people or other entities on mailing lists and use news groups that they do not have full rights to use, nor send email to people or other entities with whom they are not acquainted. Sending multiple emails with advertising content is considered abuse of this service ("spam") and appropriate measures will be taken to prohibit users from deliberately violating this rule.

ALL USERS EXPRESSLY AGREE TO UTILIZE THE SITE AT THEIR OWN RISK. ALTHOUGH WE ARE COMMITTED AND ALWAYS TRY TO PROVIDE A HIGH STANDARD OF QUALITY, WE CANNOT MAKE ANY GUARANTEES CONCERNING THE PERMANENT AVAILABILITY, FAULTLESS FUNCTIONING, OR TIMELINESS OF OUR SERVICES INCLUDING, BUT NOT LIMITED TO, THE ABILITY TO SEND OR RECEIVE ELECTRONIC GREETING CARDS. EMAILASMILE.COM, LLC SHALL NOT BE RESPONSIBLE TO YOU FOR ANY CONTENT FOUND ON OUR WEB SITE OR ON ANY ONLINE GREETING CARDS SENT OR EMAILS SENT USING THE SITE.

THIS SITE, ITS OWNERS, PROGRAMMERS, ADMINISTRATORS, PARTNERS, CONTRACTORS, VENDORS, DIRECTORS, EMPLOYEES, AND ADVERTISERS CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SITE. IN PARTICULAR, THEY MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL THEY BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR LOSS OF INFORMATION RESULTING FROM THE USE OF THIS SERVICE, EVEN IF ONE OF THEIR REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.

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