MidNite Express®,Inc Terms of Service

Terms of Service

Welcome to MidNite Express®,Inc.

The following agreement governs all use of MidNite Express®, Inc. and it's Subsidiaries.

1. Terms of Service
MidNite Express®, Inc. (the "Service") are provided to you under these Terms of Service and any operating policies that MidNite Express®, Inc. may establish (the "Agreement"). For the purpose of this agreement, MidNite Express®, Inc. services means all the free MidNite Express®, Inc. news letters services offered by MidNite Express®, Inc. may make changes to this Agreement and your continued use of the Service constitutes your acceptance of any such changes. The Service is free, although MidNite Express®, Inc. reserves the right to charge for it in the future. MidNite Express®, Inc. reserves the right to modify or discontinue the Service, or any features of the Service, temporarily or permanently, without notice to you and you agree that MidNite Express®, Inc. is not liable to you should it do so. MidNite Express®, Inc. reserves the right to occasionally contact users of its services regarding features and services. You agree not to resell for commercial purposes MidNite Express®, Inc. Service or use of or access to the Service. You agree to provide accurate, current and complete information to MidNite Express®, Inc. when you register and to let MidNite Express®, Inc. know of any changes. Failure to do so may result in termination of the Agreement. If you are under the age of 18 years old, you must obtain your parent's consent before using the Service.

2. List Owners and List Subscribers
List owner A person who creates and/or manages a list is called a "List Owner." It is the sole responsibility of the List Owner to designate the list as either "public" or "private" and to use MidNite Express®, Inc. system properly to ensure that any privacy that is desired is achieved. The List Owner is responsible for creating appropriate list policies and other rules in a secure manner. This includes the option to allow subscribers of the list to access the e-mail addresses of the other subscribers to the list. It is also the List Owner's responsibility to ensure that all communications and activities relating to his or her list comply with this Agreement. All List Owners of lists designated as "adults only" or which contain content that is inappropriate for minors, including without limitation, pornography or other sexually explicit language or content, are responsible for creating, implementing, and enforcing minimum age requirements which prohibit people under 18 years of age from subscribing to or accessing your list.
List subscriber A person who joins a list is called a "subscriber." You may subscribe to any list which is open and whose membership requirements you satisfy. You acknowledge that MidNite Express®, Inc. determines membership rules and guidelines, to designate lists as "private" or "public," to refuse to accept new members, to remove subscribers from their lists, and to prohibit or remove any content, all in their complete discretion. You agree that MidNite Express®, Inc. is not responsible or liable for the content, guidelines, requirements, or conduct relating to any list subscriber, and is not responsible for resolving any disputes that might arise between or among subscribers, List Owners, or third parties from activities on any list or use of MidNite Express®, Inc. Service.

3. Minors

If you are under 18 years of age, you must obtain your parent's consent before registering. If you are under 18 years of age you may not access or use any list designated as an "Adult" list. The terms governing the use of the service by minors and children are subject to change at any time without notice.

4. Disclosure of Registration and Other Information

MidNite Express®, Inc. will not disclose personally identifiable information about you or your private communications (i.e., content transmitted on private, non-public lists) to third parties, without your permission, unless MidNite Express®, Inc. believes such disclosure is reasonably necessary to: (1) comply with the law or legal process; (2) protect or defend the rights or property of MidNite Express®, Inc. or others; (3) enforce this Agreement; (4) respond to claims that the contents of any communications violate the rights of others; or (5) as otherwise provided in the Agreement. Once you subscribe MidNite Express®, Inc., all other subscribers may have access to your email address if the List Owner has chosen that function for the list. If a list is designated as "public" by the List Owner, both subscribers and the public will have access to any content provided by you on that list. From time to time, MidNite Express®, Inc. does disclose aggregate user demographic data to advertisers or other third parties.

5. Prohibited Conduct
You agree that you will not use MidNite Express®, Inc. Service to transmit, disseminate or upload: (1) unlawful, harassing, libelous, tortious, abusive, threatening, or obscene communications of any kind, or materials which infringe or violate any third party's copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation; or, that are otherwise objectionable, including without limitation, content that contains blatant bigotry, racism, or hatred, or that promotes illegal activities or physical harm against anyone;(2) spam, chain letters, junk mail or any other type of unsolicited mass e-mail to people or entities who have not agreed to be part of such mailings;(3) viruses or other harmful, disruptive or destructive files; or,(4) content containing nudity or pornographic material of any kind to people under age 18, or to anyone on lists that are not limited to
people age 18 or older. You further agree: (a) that you will not disrupt or interfere with another subscriber's use or enjoyment of MidNite Express®, Inc. Service; (b) that you will not use or attempt to use another person's or entity's account, service or system without authorization from the owner, nor will you disrupt or interfere with the security of, or otherwise abuse, MidNite Express®, Inc. Service, system resources or accounts, or any servers or networks connected to the Service; (c) that you will not attempt to obtain unauthorized access to MidNite Express®, Inc. Service, or to private lists on the Service; (d) that you are solely responsible for your actions in relation to MidNite Express®, Inc. Service, and for any communications transmitted under your account; (e) that you will not forge header or address information or otherwise impersonate another or create a false identity; (f) that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields, including without limitation, lists, list owner identities, or email addresses, from this site; (g) that you will not disrupt the normal operation of MidNite Express®, Inc. Advertising and Promotion Network, alter or deface inserted advertisements, or cause any substantial change in the usual content or frequency of emails sent using MidNite Express®, Inc. Services; (h) that you will not use any means to artificially increase the number of impressions or click-through on any list, including but not limited to actions such as subscribing phony email addresses or sending empty messages; (i) that you will not create, operate, or utilize any list whose purpose is to transmit untargeted or unsolicited mass emails, including but not limited to safe email lists; (j) that you will comply with all laws relating to the transmission of technical data or software exported from the United States; and, (k) that you will comply with all applicable local, state, national and international laws and regulations, including without limitation those related to privacy and data collection. List Owners may implement rules and policies in addition to those listed above. You agree to comply with all rules and policies associated with the particular lists to which you subscribe. You agree that MidNite Express®, Inc. may in its sole discretion remove any material that appears to violate any of the foregoing, and that it may immediately limit or terminate your account or access if it appears you have violated these provisions.

6. Spam Definition
"Spam" as an unsolicited emailing, usually to many people for commercial or personal gain. A message written for, and mailed to, one individual that is known to the sender is not spam. A message sent by an organization or business to its members or customers is not spam.

7. Termination
You acknowledge that MidNite Express®, Inc. in its sole discretion may change, terminate or bar access to your account or to any list in which you are a subscriber or List Owner for any reason, with or without notice to you and without any liability to you or any third party. You may also terminate your account for any reason. To do so, please send an email to MidNiteAngelx@aol.com .
You also acknowledge that MidNite Express®, Inc., in its sole discretion, may suspend or terminate any list or subscription for any reason, with or without notice to you and without any liability to you or any third party. The following provisions of the Agreement survive its termination: Proprietary Rights, Disclaimer of Warranties, Limitations of Liability, and Indemnification. Termination will prevent you from using MidNite Express®, Inc. Service and cease your subscription to any lists. Termination may result in the deletion of email files in your account, whether or not such messages have been read or sent. You agree that upon termination MidNite Express®, Inc. may immediately delete and bar access to any content or files in your account, including email messages, and cancel your subscription to any and all lists.

8. Proprietary Rights
Content available through MidNite Express®, Inc. – including, without limitation, text, graphics, software, music, sound, photographs, and videos, and any content provided by any third party advertiser, is protected by copyrights, trademarks, service marks, patents or other proprietary rights or laws. You may download one copy of this content for your personal use only, as long as you keep all copyright and other proprietary notices intact, but are prohibited from any other use except as expressly authorized by MidNite Express®, Inc. or the applicable advertiser. You may not copy, distribute or create derivative works of such content without express permission and you may not "frame" any content into MidNite Express®, Inc. site or "frame" content from MidNite Express®, Inc. site into any other site. MidNite Express®, Inc. does not claim ownership of the Content you transmit through MidNite Express®, Inc. Service. By transmitting Content through MidNite Express®, Inc. for distribution to MidNite Express®, Inc. List, you grant MidNite Express®, Inc. a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of providing MidNite Express®, Inc. hosting, archiving, subscription, and promotion services.

9. Promotional Messages
MidNite Express®, Inc. Tag Line. You acknowledge that MidNite Express®, Inc. may include a promotional tag line in every message, the content of which MidNite Express®, Inc. may change from time to time.

10. Third-Party Advertisements
You may receive banner or other advertisements or promotions from third parties while using MidNite Express®, Inc. Service. Your dealings with such third parties, including, without limitation, the payment for and delivery of goods and services, and any terms, conditions, warranties, or representations associated with your dealings with third parties are solely between you and the third party. MidNite Express®, Inc. does not make any representations or warranties with respect to any such dealings or any goods or services which may be obtained from such third parties, and you agree that MidNite Express®, Inc. shall have no liability therefore.

11. DISCLAIMER OF WARRANTIES

MidNite Express®, Inc. SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF HIT TIN'S SERVICE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MidNite Express®, Inc. DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MidNite Express®, Inc. DOES NOT MAKE ANY WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT MidNite Express®, Inc. SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES MidNite Express®, Inc. MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF MidNite Express®, Inc. SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH MidNite Express®, Inc. SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF MidNite Express®, Inc. SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. MidNite Express®, Inc. DOES NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM MidNite Express®, Inc. SERVICE OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH MidNite Express®, Inc. SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MidNite Express®, Inc. OR THROUGH MidNite Express®, Inc. SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

12. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL MidNite Express®, Inc. OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE MidNite Express®, Inc. SERVICE OR FOR THE 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 BY MEANS OF OR THROUGH MidNite Express®, Inc. SERVICE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF MidNite Express®, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT MidNite Express®, Inc. IS NOT LIABLE FOR ANY FAILURE TO DELIVER, HOLD OR STORE EMAIL TRANSMITTED THROUGH THE SERVICE. YOU ALSO AGREE THAT MidNite Express®, Inc. SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, OR TO ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR ARISING FROM USE OF MidNite Express®, Inc. SERVICE. IF YOU ARE DISSATISFIED WITH HIT TIN'S SERVICE, YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

13. Indemnification
You agree to indemnify, defend and hold harmless MidNite Express®, Inc., its parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney's fees, made by any third party arising out of or related to your use of MidNite Express®, Inc. Service or your violation of this Agreement, including without limitation the infringement by you or any other user of your account, of any intellectual property or other right of any person or entity. MidNite Express®, Inc. may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by MidNite Express®, Inc., however, shall not excuse any of your indemnity obligations.

14. Applicable Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Virginia, without giving effect to its conflict of laws provisions. You agree that you will bring any claim or cause of action arising out of your use of MidNite Express®, Inc., Service or this Agreement in the courts located within the county of Henrico, Goochland, Richmond, Virginia and you also agree to submit to the personal and exclusive jurisdiction of those courts. You agree that any claim or cause of action arising out of your use of MidNite Express®, Inc., Service or this Agreement must be filed within thirty (30) day's after such claim or cause of action arose or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary.

15. Website/Email Copyright's

No part of this website or any E-mail's sent to MidNite Express®, Inc. subscribers may be

reproduced, reconstructed, refractor or copied and pasted without the sole written consent of the owner of

MidNite Express®, Inc..

On occasions MidNite Express®, Inc. might send a "Special" email
containing any information on "Warnings" or "First Alert's"
(i.e. computer virus's) and any information that is considered to be "Important" as deemed fit by the MidNite Express®, Inc..

Please note that it could take up to 72hrs (3 to 4 business days) for your request to go through, if after that time and you are still receiving emails please contact the list owner/manager at MidNiteAngelx@aol.com.

MidNite Express®, Inc. and it's Subsidiaries are as follows:

[ MidNite Express, Inc.® ]

[ Net Junction® ~ Collection of Web Pages ]

[ Myzzy's Creative Plantation® ]