The free email Service offered by DiVarsity.com Mail is operated through services powered by DiVarsity.com, Inc. ("DiVarsity.com"), under the terms and conditions contained in this document (referred to as "Terms and Conditions"). BY COMPLETING THE REGISTRATION FORM AND CLICKING THE "I ACCEPT" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS set forth in this document.

1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
As a member of the Service you may receive product/service announcements or other member mailings from DiVarsity.com Mail, DiVarsity.com, Inc. or third parties. When you provide a notification email address upon registration, you agree to receive email notification and other messages at that address including, without limitation, offers sponsored or delivered by DiVarsity.com, Inc. or third parties. To unsubscribe from the mailings to your web-based email account sent from or on behalf of DiVarsity.com, Inc., you must cancel your membership by following the instructions provided in your options folder. To cancel any mailings to your notification email address (as noted above) or emails sent to your web-based account by any entity other than DiVarsity.com follow the removal/cancellation notices provided with any mailing. The only personally-identifying information we collect and store about you is the information you choose to provide to us during registration. We may share, rent, or sell personally-identifying information you provide us to THIRD PARTIES. Please see our Privacy Policy for additional disclosures.

2. DESCRIPTION OF SERVICE
DiVarsity.com Mail and DiVarsity.com are providing its Members with a capability to send and receive electronic mail ("email") via the World Wide Web and on the DiVarsity.com system. There is no charge to the Member for this Service. However, you must (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web and (2) obtain access to the World Wide Web and pay any telephone service fees associated with such access. Your participation in this program may include enrollment in other Web services.

3. MEMBER OBLIGATIONS
In consideration for this Service, you agree to provide certain information about yourself as prompted to do so by the Service, and update this information as necessary to keep it current, complete and accurate. All information requested on original sign up shall be referred to as registration data ("Registration Data"). Furthermore, you are granting DiVarsity.com and/or DiVarsity.com Mail the right to disclose to third parties certain information about you. If any information provided by you is inaccurate, DiVarsity.com retains the right to terminate your membership and all associated rights to the Service. We may share, rent or sell your Registration Data to THIRD PARTIES as outlined in Paragraph 1. After the transfer of your Registration Data to a THIRD PARTY, Members who wish to unsubscribe from that THIRD PARTY'S emails must contact THIRD PARTY directly. Neither DiVarsity.com nor DiVarsity.com Mail can assist you with removal of emails or solicitations from the THIRD PARTY.

4. MODIFICATIONS TO TERMS OF SERVICE
DiVarsity.com may change the Terms and Conditions of service from time to time. It is your responsibility to check this document periodically for any changes or modifications as there will be no individual notices to Members regarding such changes or modifications. Your continued use of the Service constitutes an affirmative acknowledgment by you of the Terms and Conditions and any subsequent modifications made to them and your agreement to abide and be bound by them.

5. MODIFICATIONS TO THE SERVICE
DiVarsity.com Mail and DiVarsity.com reserve the right to modify or discontinue the Service without notice to its Members. Neither DiVarsity.com Mail nor DiVarsity.com shall be liable to Member or any third party should they exercise their right to modify or discontinue the Service.

6. MEMBER ACCOUNT, PASSWORD, AND SECURITY
Once you become a Member of the Service, you will receive a password and an account. You alone are responsible for maintaining the confidentiality of your password. Furthermore, you are entirely responsible for any and all activities that occur under your account. You must immediately notify DiVarsity.com of any unauthorized use of your account or any other breach of security known to you. You may change your password at any time by following instructions provided. You may also set up a new account and close an old one at your convenience.

7. DISCLAIMER OF WARRANTIES
MEMBER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BOTH DiVarsity.com Mail AND DiVarsity.COM EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

DiVarsity.com Mail AND DiVarsity.COM MAKE NO WARRANTY THAT THE SERVICE WILL MEET MEMBER'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. DiVarsity.COM OR DiVarsity.com Mail MAKES NO GUARANTEES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT MEMBER'S OWN RISK AND MEMBER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

DiVarsity.com Mail AND DiVarsity.COM MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM DiVarsity.com Mail OR DiVarsity.COM THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Some jurisdictions do not allow the exclusion of certain warranties, therefore some of the above exclusions may not apply to you.

8. LIMITATION OF LIABILITY
DiVarsity.COM OR DiVarsity.com Mail SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF DiVarsity.com Mail OR DiVarsity.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. DiVarsity.COM SHALL NOT BE HELD RESPONSIBLE FOR ANY MESSAGES RECEIVED BY MEMBER, REGARDLESS OF THEIR CONTENT.

9. PROHIBITION OF RESALE OR COMMERCIAL USE OF THE SERVICE
Your right to use the Service is personal to you. Therefore, a Member may only be an individual, not a corporation or other business entity. You may not resell or make any commercial use of the Service, without the express written permission of DiVarsity.com.

10. EMAIL MESSAGE STORAGE AND OTHER LIMITATIONS
DiVarsity.com Mail and DiVarsity.com assume no responsibility for the deletion or failure to store email messages. DiVarsity.com has set no fixed upper limit on the number of messages you may send or receive through the Service. At certain times, including but not necessarily limited to duration of inactivity, DiVarsity.com may for your convenience forward selected emails to your notification email address on file.

11. MEMBER CONDUCT
You are solely responsible for the contents of your transmissions through the Service. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. Therefore, you agree: (1) to comply with all applicable United States laws regarding the transmission of technical data exported from the U.S. through the Service; (2) that you shall not use the Service for illegal purposes; (3) that you shall not interfere or disrupt networks connected to the Service; and (4) that you shall comply with all regulations, policies and procedures of networks connected to the Service.

The Service makes use of the Internet to send and receive certain messages; therefore, your conduct is subject to Internet regulations, policies and procedures. Members may not use the Service to send chain letters, junk mail or spam (unsolicited bulk e-mail) or to communicate with any person who has not given specific permission to be included in such communications. In addition, you may not transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. Members may not interfere with another Member's use and enjoyment of the Service or another entity's use and enjoyment of similar services. DiVarsity.com retains the right, at its sole discretion, to determine whether or not a Member's conduct is consistent with the letter and spirit of the Terms and Conditions of this service. DiVarsity.com Mail or DiVarsity.com may terminate Service if a Member's conduct is found to be inconsistent with the intent of this agreement. DiVarsity.com Mail reserves the right to terminate any inactive account.

12. INDEMNIFICATION
You agree to indemnify and hold DiVarsity.com, its officers, directors, employees, subsidiaries, affiliates, successors and assigns, harmless from any third party claim or demand, including reasonable attorneys' fees, made in connection with or arising out of your use of the Service, your violation of the Terms and Conditions, or the infringement by you, or other users of the Service using your membership, of any intellectual property, right of privacy or publicity, or other right of any person or entity.

13. TERMINATION/CANCELLATION
Either DiVarsity.com Mail or DiVarsity.com may terminate the Service with or without cause at any time and effective immediately. DiVarsity.com Mail and DiVarsity.com shall not be liable to you or any third party for termination of Service.

Should Member object to any terms and conditions of this service or any subsequent modifications thereto or become dissatisfied with the Service in any way, your sole and exclusive recourse is to immediately discontinue your use of the Service, cancel your membership, and notify DiVarsity.com Mail of your cancellation.

Upon termination of the Service, your right to use the Service and Software immediately ceases and you shall have no right and neither DiVarsity.com Mail nor DiVarsity.com shall have any obligation thereafter to forward any unread or unsent messages to Member or any third party.

14. NOTICE
Except as otherwise indicated herein, all notices from you to DiVarsity.com or DiVarsity.com Mail shall be in writing and shall be made via email

15. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
You may enter into correspondence with or participate in promotions of the advertisers marketing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Member and the advertiser. DiVarsity.com Mail and DiVarsity.com assume no liability, obligation or responsibility for any part of any such correspondence or promotion. Some promotions may require the transfer of your personal data to a third party. Corresponding promotional advertisements may be presented to you with the options of "yes/accept" or decline by closing or disregarding advertisement. Should you select the "yes/accept" option, you are granting DiVarsity.com permission to transmit any of your personal data on file to the third party.

16. PROPRIETARY RIGHTS TO CONTENT
Members acknowledge that content, including but not limited to text, photographs, video, graphics, software, music, sound, or other material contained in either sponsor advertisements or emails presented to Member by DiVarsity.com or its advertisers (collectively referred to as "Content"), is protected under the laws of copyright, trademark, patent, unfair competition or other applicable laws. Therefore, you are only permitted to use this Content as expressly authorized by DiVarsity.com, DiVarsity.com Mail or the advertisers associated with the DiVarsity.com Mail service. Members may not copy, reproduce, distribute, or create derivative works from this Content without the express written authorization to do so by DiVarsity.com, DiVarsity.com Mail or the advertiser.

18. LAWS
This Terms and Conditions agreement shall be governed by and construed in accordance with the laws of the state of California, excluding its conflict of law provisions. Both Member and DiVarsity.com Mail or DiVarsity.com agree to submit to the exclusive jurisdiction of the courts of the state of California. If any provision(s) of these Terms and Conditions are held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

The failure of DiVarsity.com Mail or DiVarsity.com to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. Member and DiVarsity.com agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

By agreeing to these Terms and Conditions you certify that all information you supply to this service is true and correct to the best of your knowledge.

Revised 06/15/2001

Visit http://www.ftc.gov/kidzprivacy for information from the Federal Trade Commission about protecting children's online privacy.

Please check back often because we make frequent updates to this website.