EMSANET Internet services, Inc.is pleased to provide you with the EMSANET ("Service"). To help you get the most out of the Service, we encourage you to read these Terms of Service. They are the agreement that describe our obligations to you, and your obligations to us. By registering for or using the Service, you agree to use the Service under these terms THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION CLAUSE. PLEASE SEE "Applicable Laws" BELOW.

     After you begin using the Service, you can always find the Terms of Service here, which is accessible from a link at the bottom of the EMSANET.com home page. The Internet is a dynamic environment and we sometimes find it necessary to change the Service or this agreement to keep up to date. We may without notice or liability discontinue or alter any aspect of the Service, including, but not limited to, restricting the time or scope of the availability of the Service. We will notify you of any changes to this agreement by posting the current version at this location.

     In particular, you acknowledge that EMSANET may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that EMSANET has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service. You acknowledge that EMSANET reserves the right to log off accounts that are inactive for an extended period of time.

Third-Party Sites and Services

     From time to time EMSANET may offer or link to services provided by third parties that are governed by different terms of service. This agreement does not apply to such third-party services. It is your responsibility to review, acknowledge and comply with the provisions of any applicable agreement to the use of services provided by third-parties. EMSANET assumes no responsibility whatsoever for any aspect of third-party services.

Registration

     In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or EMSANET has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EMSANET has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Member Account and Password

     You will receive an account designation and password upon completing the Service's registration process. If we find the need to change these for any reason, we will provide new account information to you and notify you of the changes. You are responsible for maintaining the confidentiality of the account and password, and are fully responsible for all activities that occur under your account or password. You agree to (a) immediately notify EMSANET of any unauthorized use of your account or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. EMSANET cannot and will not be liable for any loss or damage arising from your failure to comply with these provisions. EMSANET reserves the right, at EMSANET's sole discretion, to terminate your account without further notice if you provide false or misleading registration information, interfere with other Users or the administration of EMSANET's Services, or violate these Terms of Service.

Applicable Laws

     This agreement is governed by the laws of the State of Delaware, without giving effect to conflicts of law rules. EMSANET makes no representation that materials on the Service that are accessible from this site are appropriate, available or lawful for use in other locations. Those who choose to access the Service and this site from other locations do so on their own initiative and are responsible for compliance with local laws. If a Dispute arises, we want to resolve it quickly and fairly through mandatory, binding arbitration. Accordingly, you agree that any Dispute between you and EMSANET will be resolved exclusively and finally by arbitration administered by the National Arbitration Forum (NAF) and conducted under its rules, except as otherwise provided below. The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between you and EMSANET. The arbitration shall be held at any reasonable location near your residence by submission of documents, by telephone, online or in person. Any decision rendered in such arbitration proceedings will be final and binding on each of the parties, and judgment may be entered thereon in any court of competent jurisdiction. Should either party bring a Dispute in a forum other than NAF, the arbitrator may award the other party its reasonable costs and expenses, including attorneys' fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolution provision. You understand that you would have had a right to litigate disputes through a court, and that you have expressly and knowingly waived that right and agreed to resolve any Disputes through binding arbitration. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq. For the purposes of this section, the term "Dispute" means any dispute, controversy, or claim arising out of or relating to (i) this agreement, its interpretation, or the breach, termination, applicability or validity thereof, or (ii) the purchase or use of this Service or any other product, accessory, service or otherwise from EMSANET; the term "EMSANET" means EMSANET INTERNET SERVICES, INC. its subsidiaries, affiliates, directors, officers, employees, beneficiaries, agents or assigns; the term "you" means you, the EMSANET.COM account holder, anyone who accesses your account, your agents, beneficiaries, or heirs. Information may be obtained from the NAF on line at www.arb-forum.com , by calling 800-474-2371 or writing to P.O. Box 50191, Minneapolis, MN, 55405.

Export Controls

     Software available through this site is subject to U.S. export controls. No software available from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, North Korea, Sudan or Syria, or any other country to which the U.S. now or in the future embargoes goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using any software available on this site or from a link to this site, you agree to the foregoing and you warrant that you are not located in, under the control of, or a national or resident of any such country on any such list.

Disclaimer and Limitation of Liabilities

     EMSANET INTERNET SERVICES, INC. ("EMSANET ") IS PROVIDING THE SERVICE TO YOU "AS-IS", WITHOUT WARRANTIES OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE IMPLIED WARRANTIES THAT ARE INCAPABLE OF EXCLUSION OR LIMITATION UNDER THE LAW APPLICABLE TO THIS AGREEMENT. NEITHER EMSANET NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICE OR THE INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY; IT BEING UNDERSTOOD, HOWEVER, THAT THIS DISCLAIMER AND LIMITATION OF LIABILITY WILL NOT APPLY TO THE EXTENT SUCH LIABILITY IS INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS AND CONDITIONS. YOU EXPRESSLY ACKNOWLEDGE THAT THE PROVISIONS OF THIS PARAGRAPH SHALL ALSO APPLY TO ALL THIRD PARTY CONTENT AND ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICES. YOU AGREE THAT YOU WILL NOT HOLD EMSANET RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICE.

Copyrights and Trademarks

     You may not reproduce, copy or redistribute the design or layout of the Service or this site, individual elements of the Web site design, EMSANET logos or other logos appearing on this Web site, without the express written permission of EMSANET Internet Services,Inc. Reproduction, copying or redistribution for commercial purposes of any materials or design elements on the EMSANET Web site is strictly prohibited without the express written permission of EMSANET Internet Services, Inc. All software and any related documentation available for downloading from the Service, on this site or any link to this site is the copyrighted work of the software provider and ownership is retained by the copyright holder. The use of all software is subject to the terms of a license agreement accompanying the software. You agree to abide by the terms of all applicable license agreements and agree that ownership of the software has not been transferred to you. "EMSANET," the EMSANET logo is a trademark of EMSANET Internet Services,Inc. Other products, brands and company names mentioned herein and on the links hereto are the trademarks of their respective owners. EMSANET respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been used on the Service in a way that constitutes copyright infringement, please provide EMSANET's Copyright Agent the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright you claim has been infringed;

2. a description of the copyrighted work that you claim has been infringed;

3. a description of the location on the Service of the material that you claim is infringing;

4. your address, telephone number, and email address;

5. a statement by you that you have a good faith belief that the use is not authorized by the copyright owner or the law;

6. a statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. EMSANET's Copyright Agent for Notice of claims of copyright infringement on its site, can be reached as follows:

By mail:

Copyright Agent
EMSANET Internet Services, Inc.
P.O. Box 8927
Palm Springs, CA 92263

Relationship with Organization(s)

     EMSANET Internet Services, Inc. is a for-profit entity. The company contracts directly with affinity organizations (e.g., professional organizations, unions, educational institutions, and causes). Under the terms of these contracts, EMSANET provides Services which may include a custom Internet portal that allows the organization and its members to communicate electronically, share group-specific content, shop online, as well as view day-to-day content such as news, weather, sports, and stock quotes. EMSANET typically receives revenues and commission from its partners based on Service Fees and online access fees. A portion of these fees may be shared with the organization. Under the terms of our contracts with these organizations, the details of individual arrangements are confidential.

Privacy Statement

     EMSANET will collect and maintain information from your responses to our requests for information and from your use of the Service. All of this information will be maintained in strict accordance with EMSANET's privacy statement. You should be aware that third parties may observe and collect information about you through your use of the Internet, and EMSANET has no control over these information collecting activities or how third parties may choose to use this information.

Community Standards

     EMSANET uses the term "Community Standards" to describe the rules governing acceptable behavior by users of the Service and acceptable content posted to the Service by users. You are individually responsible for any messages, images, text, links, web pages or other content ("Content") posted on or through the Service. It is up to you to secure the rights or to obtain permission from the copyright holder prior to posting or transmitting any Content on or through the Service.

You will respect the rights of others, including intellectual-property rights (copyright, patent and trademark), the right to privacy, the right not to be slandered, libeled or harassed. You will not use EMSANET Services for chain letters, junk mail, "spamming" or commercial solicitations or to engage in illegal activities. You will not use EMSANET Services to conduct any business or activity or solicit the performance of any activity that is prohibited by applicable law. You are cautioned that the law as to jurisdiction of online services is unsettled, and that you may be affected by laws in other jurisdictions outside EMSANET's or your own locality.

     You will not post or transmit Content on or through the EMSANET Service that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise offensive to an average person. You agree to comply with all applicable laws, rules and regulations in connection with the use of the EMSANET Service, and not to engage in any act that adversely impacts the performance or availability of the EMSANET Service or distribute any computer virus or other harmful component or corrupted data.

     EMSANET reserves the right (but has no obligation) to remove from public view or delete any Content on EMSANET Services, for any reason, at EMSANET's sole discretion. Notwithstanding the above, under no circumstances will EMSANET be liable for any errors or omissions, or any loss or damage of any kind, incurred as a result of the use of any Content on EMSANET Internet Services.

     If you post Content on EMSANET Internet Services you will grant to EMSANET a non-exclusive license to edit, copy, publish, distribute, translate and otherwise incorporate such Content in any medium in connection with Service. Subject to these grants, you retain any rights you may have in the Content as originally posted.

Acceptable Use Policy

1. Subscriber agrees to comply with the rules, regulations and policies applicable to any network, server, computer database, web site, newsgroup  that you access through EMSANET INTERNET SERVICES, INC. services. Any violation of such rules, regulations or policies may serve as cause for EMSANET INTERNET SERVICES, INC. to suspend or terminate your service.

2. Subscriber agrees that EMSANET INTERNET SERVICES, INC. reserves the right, with or without notice, to suspend or terminate the service provided to you under this Addendum upon the first or subsequent occurrence of any of the following events:

a.   Subscriber may not send unsolicited bulk mail messages ("junk mail" or "spam") to any person who does not wish to receive it.  If a recipient asks to stop receiving email the Subscriber must not send that person any further email.

b. Subscriber agrees that an infraction of any of the below is considered a material breach of its License Agreement with EMSANET INTERNET SERVICES, INC., and further, that such infraction(s) may result in immediate termination of said Agreement.

c. The service is used in a manner which constitutes violation of any tariff, regulation, treaty or law (including, without limitation, copyright, privacy, criminal and international law.);

d. The service is used in a manner which is intended to abuse or to violate the privacy or property rights of others;

e. The service is used to attempt to break security, or in fact, to break security of any computer network, or to access an account which does not belong to Subscriber;

f. Subscriber agrees to immediately notify EMSANET INTERNET SERVICES, INC. of any unauthorized use of your account, and/or any breach, or attempted breach, of security know to you;

g. Subscriber agrees that posting commercial messages to a USENET group requires that commercial postings have been approved by the specific USENET group in its charter;

h. Forging electronic mail headers (addresses), or any other method used to disguise Subscriber identity, is strictly prohibited;

i. Mail-bombing, which is sending mass amounts of email to one recipient or system, with the intent to render said system dysfunctional;

j. Non-authorized relays through any third party systems is strictly prohibited;

k. Syn-flood attacks, that is to overburden a recipient computer system by sending a high volume of spurious data which effectively impedes functionality, or totally disables recipient system(s), and any other methods of denial of service, are strictly prohibited;

l. Subscriber agrees to be bound to these  restrictions, and that such violation(s) is deemed to be a material breach by Subscriber.

m. The service is used to facilitate primarily a business involving the sale or distribution of pornographic messages or images.

3. Customer agrees that an infraction of any of the above is considered a material breach of its License Agreement with EMSANET INTERNET SERVICES, INC., and further, that such infraction(s) may result in immediate termination of said Agreement.

Parental Control

   Various parental control protections are available to help you ensure that your children and other minors using your computer will not be exposed to harmful material. Below are a few links to such parental control software:

Surfwatch.com     Cybersitter.com     Netnanny.com