Yankton.com E-mail Service Agreement 

1. What the Contract Covers.

This is a contract between you and Yankton Media Inc.. Yankton Media Inc. is referred to as "Yankton.com," "we," "us" or "our". The e-mail services are referred to in this contract as the "service."

Please note that we do not provide warranties for the service. The contract also limits our liability.

2. When You May Use the Service.

You may start using the service as soon as you have finished the sign-up process. 

3. How You May Use the Service.

In using the service, you will:

    * obey the law;
    * obey any codes of conduct or other notices we provide;
    * keep your service account password secret; and
    * promptly notify us if you learn of a security breach related to the service.

4. How You May Not Use the Service.

In using the service, you may not:

    * engage in, facilitate or further unlawful conduct;
    * use the service in a way that harms us or our advertisers, affiliates, resellers, distributors and/or vendors, or any customer of ours or our advertisers, affiliates, resellers, distributors and/or vendors;
    * use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam");
    * use any unauthorized means to modify or reroute, or attempt to modify or reroute, the service;
    * damage, disable, overburden, or impair the service (or the network(s) connected to the service) or interfere with anyone's use and enjoyment of the service; or
    * resell or redistribute the service, or any part of the service.

5. You Are Responsible For Your Service Account.

Only you may use your service account. You are responsible for all activity that takes place with your service account. You may not authorize any third party to access and/or use the service on your behalf.
6. Canceling the Service. You may cancel the service at any time, with or without cause. 

7. Your Materials.

You may be able to submit materials for use in connection with the service. The service includes publicly accessible areas ("public areas of the service") and areas to which you can control access by others ("shared and private areas of the service"). You understand that Yankton Media Inc. does not control or endorse the content that you and others post or provide on the service. Except for material that we license to you, we do not claim ownership of the materials you post or provide on the service. However, with respect to content you post or provide you grant to those members of the public to whom you have granted access (for content posted on shared and private areas of the service) or to the public (for content posted on public areas of the service) free, unlimited, worldwide, nonexclusive and perpetual permission to:

    * use, modify, copy, distribute and display the content in connection with the service;
    * publish your name in connection with the content; and
    * grant these rights to others.

You understand that Yankton Media Inc. may need to make copies, change the format, transcode or otherwise process content posted on the service, including on shared and private areas of the service, in order to:

    * store and retrieve the content;
    * make the content available to you and those members of the public to whom you have granted access;
    * conform to connecting networks' technical requirements; or
    * conform to the limitations and terms of the service.

This section applies only to legally permissible content and only to the extent that use and publishing of the legally permissible content does not breach the law. You understand that sharing content that violates others' copyrights and other intellectual property rights violates this contract. You represent and warrant that you have all the rights necessary for you to grant the rights in this section 9 and that the use and publication of the content does not breach any law. We will not pay you for your content. We may refuse to publish your content and may remove your content from the service at any time.

8. Privacy.

In order to operate and provide the service, we collect certain information about you. We use and protect that information. In particular, we may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Yankton Media Inc. or our customers, including the enforcement of our agreements or policies governing your use of the service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Yankton Media Inc. employees, customers or the public.

The service is a private computer network that Yankton Media Inc. operates for the benefit of itself and its customers. Yankton Media Inc. retains the right to block or otherwise prevent delivery of any type of email or other communication to or from the service as part of our efforts to protect the service, protect our customers or stop you from breaching this contract. The technology or other means we use may hinder or break your use of the service.

9. WE MAKE NO WARRANTY.

We provide the service "as-is," "with all faults" and "as available." We do not guarantee the accuracy or timeliness of information available from the service. We and our affiliates, resellers, distributors and vendors (collectively, the "Yankton Media Inc. parties") give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.

10. Changes to the Service; If We Cancel the Service.

We may change the service or delete features at any time and for any reason. We may cancel or suspend your service at any time. Our cancellation or suspension may be without cause and/or without notice. Upon service cancellation, your right to use the service stops right away. Once the service is cancelled or suspended, any data you have stored on the service may not be retrieved later. 

11. Notices We Send You; Consent Regarding Electronic Information.

This contract is in electronic form. We have promised to send you certain information in connection with the service and have the right to send you certain additional information. There may be other information regarding the service that the law requires us to send you. We may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your service. We may provide required information to you:

    * by e-mail at the e-mail address you specified when you signed up for your service;

Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the service, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the service.