Life's Memories

Terms of Use

LIFESMEMORIES.ORG's User Agreement

This User Agreement ("Agreement") is an agreement between Senior Living Guide Inc. (Senior Living Guide, Inc.) and SLG Web Design herein referred to as LIFESMEMORIES.ORG, and the party set forth in the Written Contract, Registration Form, Verbal Registration or Oral Contract ("User" or "You" or "Your" or "Client") incorporated herein by reference (together with any subsequent Written Contract, Verbal Registration, Oral Contract, Registration Forms or other type of signup, acceptance or order form submitted by User, and applies to the purchase of all services ordered by User on the  (collectively, the "Services"). As used herein the term "User" and "You" shall also include any and all users, Customers, subscribers, affiliates (including without limitations Users or non-Users to whom LIFESMEMORIES.ORG provides links or banners to promote the services or products of LIFESMEMORIES.ORG or any third party the services or products of which are offered by or obtained through or in connection with LIFESMEMORIES.ORG), or others (i) who sign up for, use or obtain services or products from LIFESMEMORIES.ORG or from any third party services or products of which are offered by or obtained through or in connection with LIFESMEMORIES.ORG, or (ii) who visit the Web sites of LIFESMEMORIES.ORG and LIFESMEMORIES.ORG or of any such third party. PLEASE READ THIS AGREEMENT CAREFULLY. SIGNING UP FOR THE SERVICES CREATES A CONTRACT BETWEEN YOU AND LIFESMEMORIES.ORG, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS USER AGREEMENT. YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING OUR ACCEPTABLE USE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. User agrees to by signing up digitally, You agree that LIFESMEMORIES.ORG can pierce Your corporate seal (if signed up as a corporation) and You will be personally held responsible for any legal actions or monies owed to LIFESMEMORIES.ORG.

1. Acceptable Use Policy.

Under this Agreement, User shall comply with LIFESMEMORIES.ORG's then current Acceptable Use Policy ("AUP"), as amended, modified or updated from time to time by LIFESMEMORIES.ORG, and other agreements which currently can be viewed under the Terms of Service section of this Web site (collectively, the "Terms of Service"), and which is incorporated in this Agreement by reference. User hereby acknowledges that it has reviewed the AUP and that the terms of the AUP are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the AUP, the terms of the AUP shall govern. LIFESMEMORIES.ORG may immediately take corrective action, including removal of all or a portion of the User Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by User of the AUP. In the event LIFESMEMORIES.ORG takes corrective action due to a violation of the AUP, LIFESMEMORIES.ORG shall not refund to User any fees paid in advance of such corrective action. User hereby agrees that LIFESMEMORIES.ORG shall have no liability to User or any of User's users due to any corrective action that LIFESMEMORIES.ORG may take (including, without limitation, suspension, termination or disconnection of Services).

Property Rights.

User may not use LIFESMEMORIES.ORG's technology or Non-LIFESMEMORIES.ORG technology for any purpose other than viewing the Services unless a written agreement is drafted and signed by LIFESMEMORIES.ORG and the User. This Agreement does not transfer from LIFESMEMORIES.ORG to the User any of LIFESMEMORIES.ORG technology / Non-LIFESMEMORIES.ORG technology, all rights, titles and interests in and any LIFESMEMORIES.ORG technology / Non-LIFESMEMORIES.ORG technology shall remain solely with LIFESMEMORIES.ORG. User shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of the LIFESMEMORIES.ORG. LIFESMEMORIES.ORG is the exclusive owner of all of LIFESMEMORIES.ORG's intellectual property, website design's and 3rd party software unless a buyout agreement is purchased by User. The User agrees upon cancellation service with LIFESMEMORIES.ORG all website designs and technology will remain the property of LIFESMEMORIES.ORG. User agrees not to copy, resell or delete any of LIFESMEMORIES.ORG's intellectual property.

LIFESMEMORIES.ORG owns all right, title and interest in and to the Services and LIFESMEMORIES.ORG's trade names, trademarks, service marks, inventions, copyrights, trade secrets, patents, know-how and other intellectual property rights relating to the design, function, marketing, promotion, sale and provision of the Services and the related hardware, software and systems ("Marks"). Noting in this Agreement constitutes a license to User to use or resell the Marks.

Disclaimer of Warranty. User agrees to use all Services and any information obtained through or from LIFESMEMORIES.ORG, at User's own risk. User acknowledges and agrees that LIFESMEMORIES.ORG exercises no control over, and accepts no responsibility for, the content of the information passing through LIFESMEMORIES.ORG's host computers, network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NEITHER WE NOR ANY OF OUR PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, ATTORNEYS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, A "RELATED PERSON") MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT WE PROVIDE. NO RELATED PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. WE ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USER OR STORED BY USER OR ANY OF USER'S USERS VIA THE SERVICES PROVIDED BY US NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY RELATED PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this Agreement.

Limited Warranty.

a. LIFESMEMORIES.ORG represents and warrants to User that the Services will be performed (a) in a manner consistent with industry standards reasonably applicable to the performance thereof; (b) at least at the same level of service as provided by LIFESMEMORIES.ORG generally to its other Users for the same services; and (c) in compliance in all material respects with the applicable Service Descriptions. User will be deemed to have accepted such Services unless User notifies LIFESMEMORIES.ORG, in writing, within thirty (30) days after performance of any Services of any breach of the foregoing warranties. LIFESMEMORIES.ORG may provision the Services from any of its data centers and may from time to time re-provision the Services from different data centers.

b. The foregoing warranties shall not apply to performance issues or defects in the Services (a) caused by factors outside of LIFESMEMORIES.ORG's reasonable control; (b) that resulted from any actions or inactions of User or any third parties; or (c) that resulted from User's equipment or any third-party equipment not within the sole control of LIFESMEMORIES.ORG. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY SOFTWARE PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND WE HEREBY EXPRESSLY DISCLAIM THE SAME. WITHOUT LIMITING THE FOREGOING, ANY THIRD-PARTY PRODUCT OR SERVICE PROVIDED TO USER HEREUNDER IS PROVIDED "AS IS" WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.

Limitation of Liability.

a. WE CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. WE WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.

b. The limitations contained in this Section apply to all causes of action in the aggregate, whether based in contract, tort or any other Terms of Service theory (including strict liability), other than claims based on fraud or willful misconduct.

c. Notwithstanding anything to the contrary in this Agreement, LIFESMEMORIES.ORG's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by User for the Services which gave rise to such damages, losses and causes of actions during the 3-month period prior to the date the damage or loss occurred or the cause of action arose.

d. This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.

Indemnification. User agrees to indemnify, defend and hold harmless LIFESMEMORIES.ORG and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders, attorneys and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to User's use of the Services, (ii) any violation by User of the AUP, (iii) any breach of any representation, warranty or covenant of User contained in this Agreement or (iv) any acts or omissions of User. The terms of this section shall survive any termination of this Agreement.

Arbitration LIFESMEMORIES.ORG and You agree to arbitrate any and all disputes and claims between you and LIFESMEMORIES.ORG except with respect to claims for amounts owed for services rendered. Arbitration means that all disputes and claims will be resolved by a neutral arbitrator instead of by a judge or jury in a court. This agreement to arbitrate is intended to be given the broadest possible meaning under the law. It includes, but is not limited to: disputes and claims arising out of or relating to any aspect of the relationship between you and LIFESMEMORIES.ORG, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; disputes and claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); disputes and claims that may arise after the termination of this agreement; disputes and claims that are currently the subject of individual litigation; disputes and claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and disputes and claims concerning the scope of this arbitration provision. References to “LIFESMEMORIES.ORG,” “us” and “you” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the Service under this agreement or any prior agreements between you and LIFESMEMORIES.ORGIn the event disputes and claims are brought with respect to this Agreement, LIFESMEMORIES.ORG shall be entitled to arbitration costs and attorney’s fees.
Informal Resolution of Disputes Our Customer Care Department can resolve most customer concerns quickly and to the customer’s satisfaction. If you have a dispute or claim against us, you should first contact the LIFESMEMORIES.ORG Customer Care Department at (814) 886-2220 extension 522 and provide in detail, including documents or analysis supporting your position, the basis of your claim. Customer care shall be provided with 30 days in which to research and respond to your claim.. In the event your dispute or claim is not resolved to your satisfaction, you may seek to have that dispute or claim resolved as set forth below.
 Formal Notice of Disputes A party who intends to seek arbitration must first send to the other party a written “Notice of Dispute” setting forth in detail, including submission of supporting documentation, the grounds of your dispute. The Notice of Dispute to LIFESMEMORIES.ORG must be sent to LIFESMEMORIES.ORG Attn: LIFESMEMORIES.ORG by certified mail addressed to 412 Railroad Street, Lilly, PA 15938.
The Notice of Dispute must describe the nature and basis of the dispute or claim and set forth the specific relief sought. If you and LIFESMEMORIES.ORG do not reach an agreement to resolve the dispute or claim within thirty (30) days after the Notice of Dispute is received, you or LIFESMEMORIES.ORG may commence an arbitration proceeding. The amount of any settlement offer made by you or LIFESMEMORIES.ORG shall be non-discoverable and shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or LIFESMEMORIES.ORG is entitled.
Arbitrator and Arbitral Rules The arbitration shall be administered by the American Arbitration Association (“AAA”). You may contact the AAA by telephone at 1-800-778-7879, by email at This email address is being protected from spambots. You need JavaScript enabled to view it., or by mail at 230 South Broad Street, 12th Floor, Philadelphia, PA 19102. The arbitration shall be governed by the AAA’s Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”), as modified by this Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
Waiver of Judge or Jury Trial You and LIFESMEMORIES.ORG agree that, by entering into this agreement, you and LIFESMEMORIES.ORG are waiving the right to a trial by judge or jury.
Waiver of Class Actions You and LIFESMEMORIES.ORG agree that the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and LIFESMEMORIES.ORG agree that you and LIFESMEMORIES.ORG may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You and LIFESMEMORIES.ORG agree that, unless you and LIFESMEMORIES.ORG agree otherwise, the arbitrator may not consolidate more than one person’s or entity’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific waiver of class actions provision, or any portion thereof, is found to be unenforceable, then the entirety of this dispute resolution and binding arbitration provision shall be null and void.
Statute of Limitations You must present a claim within three (3) months of the date of the occurrence of the event or facts giving rise to a dispute, or you waive the right to pursue a claim based upon such event, facts, or dispute.
Exceptions to Arbitration Agreement Notwithstanding the obligation to arbitrate and any other provisions to the contrary herein, you and we agree that with respect to claims for unpaid invoices: (a) we may take our dispute to small claims court, if the contained dispute qualifies for hearing by such court; (b) if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or the Agreement; (c) you or we may take any disputes over the validity of any party’s intellectual property rights to a court of competent jurisdiction; (d) any dispute related to or arising from allegations associated with fraudulent or unauthorized use, theft, or piracy of service may be brought in a court of competent jurisdiction; and (e) either you or we may seek any interim or preliminary relief from a court of competent jurisdiction, necessary to protect the rights or property of you or LIFESMEMORIES.ORG, pending the completion of arbitration.
Modification of Arbitration If LIFESMEMORIES.ORG makes any substantive change to this arbitration provision, you may reject any such change and require LIFESMEMORIES.ORGto adhere to the language in this provision.
Venue/Jurisdiction All claims for Arbitration shall be submitted to and heard by the office of AAA located in Cambria County, Pennsylvania. Should an evidentiary hearing be required by the Arbitrator, such hearing shall be heard in Cambria County, Pennsylvania.

Governing Law and Dispute Resolution.

The Laws of the Commonwealth of Pennsylvania shall govern this Agreement and the rendering of the Services.  Any disputes between User and LIFESMEMORIES.ORG (which are not otherwise resolved by the Parties) shall be subject to arbitration based on the rules of the American Arbitration Association.  No legal action may be brought by the User against LIFESMEMORIES.ORG or its subcontractors more than one month after initial term of this agreement.  

Miscellaneous.

Independent Contractor. LIFESMEMORIES.ORG and User are independent contractors and nothing contained in this Agreement places LIFESMEMORIES.ORG and User in the relationship of principal and agent, master and servant, partners or joint venturers.

Headings. The headings herein are for convenience only and are not part of this Agreement.

Notices. LIFESMEMORIES.ORG may give written notice to User via electronic mail to the User's electronic mail address as maintained in LIFESMEMORIES.ORG's billing records.

Assignment; Successors. User may not assign or transfer this Agreement or any of its rights or obligations, without the prior written consent of LIFESMEMORIES.ORG. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. LIFESMEMORIES.ORG may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

Counterparts. If this Agreement is signed manually, it may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. If this Agreement is signed electronically, LIFESMEMORIES.ORG's records of such execution shall be presumed accurate unless proven otherwise.

Government Regulations. User may not export, re-export, transfer or make available, whether directly or indirectly, any regulated item or information to anyone outside the United States (or, if User is outside of the United States, to anyone outside of User's national jurisdiction) in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the United States government and any country or organization of nations within whose jurisdiction User operates or does business.

Marketing. User agrees that during the term of this Agreement LIFESMEMORIES.ORG may publicly refer to User, orally and in writing, as a User of LIFESMEMORIES.ORG.

All Sales Final, No Refunds.

LIFESMEMORIES.ORG's Acceptable Use Policy (AUP)

We've developed this Acceptable Use Policy (AUP) to help our Customers understand their responsibilities when using our services. It explains our policies regarding activities that may be harmful to our Users or compromise the efficiency of our shared hosting environment.

We may take preventative or corrective action, at our discretion, in response to any of the activities described in this AUP, along with any activities that contradict the spirit of this AUP or the nature of the Internet as an open, efficient method of communicating and conducting business.

To meet the changing needs of our Users, our business, the Internet environment and the legal landscape, this AUP may be revised at any time and we encourage you to review this AUP on our Web site(s) periodically.

If you feel you have discovered a violation of any area of our AUP, please report it to:

S.L.G. Inc.
Legal Department
412 Railroad Street
Lilly, PA 15938
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
  1. General Information. As used herein, the term "User" or "Users" shall include any and all users, Customers, subscribers, affiliates (including without limitations Customers or non-Customers to whom LIFESMEMORIES.ORG provides links or banners to promote the services or products of LIFESMEMORIES.ORGor any third party the services or products of which are offered by or obtained through or in connection with LIFESMEMORIES.ORG), resellers or others (i) who sign up for, use or obtain services or products from LIFESMEMORIES.ORG or from any third party services or products of which are offered by or obtained through or in connection with LIFESMEMORIES.ORG, or (ii) who visit the Web site of LIFESMEMORIES.ORG or of any such third party. As a provider of Internet/World Wide Web access, Web site hosting, and other Internet-related services, LIFESMEMORIES.ORG, ("LIFESMEMORIES.ORG") offers Users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. LIFESMEMORIES.ORG respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, LIFESMEMORIES.ORG reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, LIFESMEMORIES.ORG has developed this Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each User's respective service agreement and is intended as a guide to the User's rights and obligations when utilizing LIFESMEMORIES.ORG's services. This AUP will be revised from time to time. A User's use of LIFESMEMORIES.ORG's services after changes to the AUP are posted on LIFESMEMORIES.ORG  Web site, under the Terms of Service section, will constitute the User's acceptance of any new or additional terms of the AUP that result from those changes. One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When Users or others obtain information through the Internet, they must keep in mind that LIFESMEMORIES.ORG cannot and does not monitor, verify, warrant, or vouch for the accuracy and quality of the information that users may acquire. For this reason, the user must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because LIFESMEMORIES.ORG cannot monitor or censor the Internet, and will not attempt to do so, LIFESMEMORIES.ORG cannot and does not accept any responsibility for injury to its Users or others that results from inaccurate, unsuitable, offensive, or illegal Internet communications. When Users or others disseminate information through the Internet, they also must keep in mind that LIFESMEMORIES.ORG does not review, edit, censor, or take responsibility for any information its users, customers, subscribers or others may create. When Users or others place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over LIFESMEMORIES.ORG's network and may reach a large number of people, including both Users and subscribers and non-subscribers of LIFESMEMORIES.ORG, Users' postings to the Internet may affect others and may harm LIFESMEMORIES.ORG's goodwill, business reputation, and operations. For these reasons, Users violate LIFESMEMORIES.ORG policy and the service agreement when they, their users, customers, subscribers, employees, affiliates, or subsidiaries engage in activities described herein.
  2. Scope. This AUP governs the usage of products and services of LIFESMEMORIES.ORG or of any third party which are subscribed to or obtained through LIFESMEMORIES.ORG (the "Services"). This AUP is incorporated by reference into each contract LIFESMEMORIES.ORG or any such third party enters into with a User for the use of such Services. LIFESMEMORIES.ORG may modify this AUP at any time without notice. In addition, this AUP is incorporated by reference into the Terms of Service applicable to the Web site of LIFESMEMORIES.ORG and LIFESMEMORIES.ORG so that no person who utilizes the Web site or services of LIFESMEMORIES.ORG  (regardless of whether that person is a User) may take any action utilizing the Web site of LIFESMEMORIES.ORG and LIFESMEMORIES.ORGWEB that a User would be prohibited to take utilizing the Services.
  3. Purpose. The purpose of this AUP is to enhance the quality of the Services and to protect Users, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This AUP applies to each User. Each User should use common sense and good judgment in connection with the Services. Parents or guardians should always supervise minors in using the Internet. Parents and guardians should remain aware at all times of what is on the Internet and how the minors under their care are using the Services and the Internet.
  4. Prohibited Uses. Users may not:
    1. Utilize the Services to send unsolicited bulk and/or commercial messages over the Internet (known as "spam" or "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward LIFESMEMORIES.ORG, but also because it can overload LIFESMEMORIES.ORG's network and disrupt service to its Users subscribers. Maintaining an open SMTP relay is prohibited. Any direct action, configuration, or setting that causes excessive outbound e-mail traffic is subject to review and possible action. When a complaint is received, LIFESMEMORIES.ORG has the absolute and sole discretion to determine from all of the evidence whether the e-mail recipients were from an "opt-in" e-mail list, or whether the outbound e-mail traffic generated from an account is suitable for a shared hosting environment.
    2. Utilize the Services in connection with any illegal activity or activity otherwise prohibited by this AUP. Without limiting the general application of this rule, Users may not:
      1. Utilize the Services for or in connection with any activities or content determined by LIFESMEMORIES.ORG, in its sole discretion, to be related to gambling, adult, obscene or pornographic materials or content, harassment, defamation, libel and hate speech or other offensive speech or content, or for any unlawful purpose, including without limitation, fraud, money laundering, child pornography, terrorist-related activities, activities in violation of U.S. export or import laws, any executive orders, or any rules, regulations or orders issued by Office of Foreign Asset Controls ("OFAC"), infringement on rights of others, trafficking in illegal drugs, or any products or services that are prohibited under applicable law, or which LIFESMEMORIES.ORG determines to be controversial or disruptive to the operations of LIFESMEMORIES.ORG or any other User or third party;
      2. Utilize the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;
      3. Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;
      4. Utilize the Services to export encryption software to points outside the United States in violation of applicable export control laws;
      5. Utilize the Services to Forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message; or
      6. Utilize the Services in any manner that violates applicable law.
    3. Utilize the Services in connection with any tortious or actionable activity. Without limiting the general application of this rule, Users and Users may not:
      1. Utilize the Services to publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicizes the personal information or likeness of a person without that person's consent or (C) otherwise violates the privacy rights of any person. Utilize the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.
      2. Utilize the Services in connection with any other disruptive, controversial or abusive activity, as determined by LIFESMEMORIES.ORG in its sole discretion. Without limiting the general application of this rule, Users may not:
        1. Utilize the Services to cause denial of service attacks against LIFESMEMORIES.ORG or other network hosts or Internet users or to otherwise degrade or impair the operation of LIFESMEMORIES.ORG's servers and facilities or the servers and facilities of other network hosts or Internet users; or
        2. Post messages or software programs that consume excessive CPU time, or storage space, or network bandwidth; or
        3. Utilize the Services to offer mail services, mail forwarding capabilities, POP accounts or auto responders other than for the User's own account; or
        4. Resell or allow access to or use of, any of our Services except as and only to the extent permitted in one of our authorized Reseller programs. Further, by way of expansion and not by limitation, you may not store files or other data of third parties on our servers; or
        5. Utilize the Services to subvert, or assist others in subverting, the security or integrity of any LIFESMEMORIES.ORG systems, facilities or equipment; or
        6. Utilize the Services to gain unauthorized access to the computer networks of LIFESMEMORIES.ORG or any other person; or
        7. Utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code; or
        8. Utilize the Services to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous re-mailers or Internet nicknames); or
        9. Utilize the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services; or
        10. Utilize the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator); or
        11. Utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or Spam; or
        12. Utilize the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or Spam; or
        13. Utilize the Services in any manner that might subject LIFESMEMORIES.ORG to unfavorable regulatory, law enforcement or other legal action, subject LIFESMEMORIES.ORG to any liability for any reason, or adversely affect LIFESMEMORIES.ORG's public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by LIFESMEMORIES.ORG in its sole discretion;
        14. While on a shared hosting platform, utilize, operate, enable, execute, compile, upload or publicly store source code, executable code, programs, or software packages designed to perform tasks not directly associated with Web site/e-mail hosting, including, without limitation, (A) directly opening any listening port, (B) starting any 'daemon' process, (C) performing local/remote security scans, (D) simulating local shell/OS access by means of a tunneled/encapsulated connection to a remote host, (E) circumventing firewall restrictions, (F) connecting to any IRC/Peer to Peer file sharing server/network, (G) providing 'tracker' services to 'BitTorrent' clients and/or (H) exploiting web browser vulnerabilities, as determined by LIFESMEMORIES.ORG in its sole discretion; or
        15. Attempt to attack, disrupt, or abuse the support- and contact-related mechanisms of LIFESMEMORIES.ORG, including, but not limited to, telephone lines, e-mail addresses, fax lines, bulletin boards or contact/signup forms; or
        16. Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons.
  5. Violations:
    1. Disclaimer. LIFESMEMORIES.ORG expressly disclaims any obligation to and does not monitor its Users and other Users with respect to violations of this AUP. LIFESMEMORIES.ORG has no liability or responsibility for the actions of any of its Users or other Users or any content any User may post on any Web site.
    2. Reporting Non-Copyright Violations. LIFESMEMORIES.ORG encourages Users to report violations of this policy by e-mail to: This email address is being protected from spambots. You need JavaScript enabled to view it., including in any such report the name of the offending domain (for example, xyz.com) and the type of abuse (for example, Spam, illegal acts, harassment, etc.) in the "subject" field of the e-mail.
    3. Reporting Copyright Violations. LIFESMEMORIES.ORG complies with the Digital Millennium Copyright Act ("DMCA"). LIFESMEMORIES.ORG encourages Users to report an alleged copyright infringement involving a user by sending a notice that complies with the DMCA which information is located under the DMCA Policy of this Web site.
    4. Remedies. If LIFESMEMORIES.ORG learns of a violation of this AUP, LIFESMEMORIES.ORG will respond to the applicable User and may, in LIFESMEMORIES.ORG's sole discretion, take any or all of the following actions, with or without notice as it deems necessary or appropriate in accordance with the severity and duration of the violation:
      1. Warning the User: and/or
      2. Suspending the offending User from the Services; and/or Terminating or cancelling, or disconnecting the offending User from, the Services; and/or
      3. Imposing fees or charges on the offending User account in accordance with the applicable service contract; and/or
      4. Removing the offending content; and/or
      5. Taking other action in accordance with this AUP, the applicable service contract or applicable law.
  6. Reservation of Rights. LIFESMEMORIES.ORG reserves the right to cooperate with and provide any and all User information and data to appropriate legal authorities in investigations or reporting of claims of illegal activity involving LIFESMEMORIES.ORG's Services. LIFESMEMORIES.ORG reserves all other rights to respond to violations of this AUP to the extent of applicable law and in accordance with any applicable contractual obligations. LIFESMEMORIES.ORG may utilize technical means to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this AUP and each User agrees that LIFESMEMORIES.ORG is authorized to monitor its communications through LIFESMEMORIES.ORG's network for such purposes.

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