Terms of use

1. Description of Service. The beach is a web-based email application from The Beach (the "Service"). You understand and agree that the Service may include content-targeted ads or other related information, as further described below and in the Beach Privacy Policy. In addition, you understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. The Beach disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. The Beach also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
   
   
2. Personal Use. The Service is made available to you for your personal use only. Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. The Beach reserves the right to refuse service to anyone at any time without notice for any reason.
   
   
3. Proper Use. You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement, or such other URL as The Beach may provide from time to time. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by The Beach; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates the Program Policies, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. The Beach reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
   
   
4. Content of the Service. The Beach takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does The Beach have any obligation to monitor such third party content. The Beach reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. The Beach also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of The Beach, its users and the public. The Beach will not be responsible or liable for the exercise or non- exercise of its rights under this Agreement.
   
   
5. Intellectual Property Rights. The Beach's Intellectual Property Rights. You acknowledge that The Beach owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the "The Beach Rights"), and such The Beach Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The Beach Rights include rights to (i) the Service developed and provided by The Beach; and (ii) all software associated with the Service. The Beach Rights do not include third-party content used as part of Service, including the content of communications appearing on the Service.
   
   Your Intellectual Property Rights. The Beach does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your mail account. We will not use any of your content for any purpose except to provide you with the Service.
   
   
6. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to The Beach to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
   
   
7. Privacy. As a condition to using the Service, you agree to the terms of the Privacy Policy as it may be updated from time to time. The Beach understands that privacy is important to you. You do, however, agree that The Beach may monitor, edit or disclose your personal information, including the content of your emails, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the Privacy Policy. Personal information collected by The Beach may be stored and processed in the United States or any other country in which The Beach or its agents maintain facilities. By using The Beach, you consent to any such transfer of information outside of your country.
   
   
8. Advertisements. As consideration for using the Service, you agree and understand that The Beach will display ads and other information adjacent to and related to the content of your email. The Beach serves relevant ads using a completely automated process that enables The Beach to effectively target dynamically changing content, such as email. No human will read the content of your email in order to target such advertisements or other information without your consent, and no email content or other personally identifiable information will be provided to advertisers as part of the Service.
   
   
9. Account Inactivity. After a period of inactivity, The Beach reserves the right to disable or terminate a user's account. If an account has been deactivated for inactivity, the email address associated with that account may be given to another user without notice to you or such other party.
   
   
10. Publicity. Any use of The Beach trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features") must be in compliance with this Agreement and in compliance with The Beach's then current Brand Feature use guidelines, and any content contained or reference therein.
    
    
11. Indemnification. You agree to hold harmless and indemnify The Beach, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, The Beach will provide you with written notice of such claim, suit or action.