2. RUMBOLO.COM MAY MODIFY THIS AGREEMENT
Rumbolo.com reserves the right to change the terms, conditions, and notices under which it offers the Site and the Services. You are responsible for regularly reviewing these terms, conditions and notices. Your continued use of the Site and/or the Services after the effective date of such changes constitutes your acceptance of and agreement to such changes.
 

3. DESCRIPTION OF RUMBOLO.COM MAIL
Rumbolo.com Mail is a free, web-based e-mail application ("Service"). You understand and agree that the Service may include content-targeted ads, e-mail offers or other related information, as further described below. You further understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. Rumbolo.com disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. Rumbolo.com also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
 

4. RUMBOLO.COM PRIVACY POLICY
In registering, you agreed to the Rumbolo.com Privacy Policy, which permits, among other things, Rumbolo.com, its affiliates and marketing partners ("Rumbolo.com Parties") to send you e-mails containing advertisements and promotions. With respect to e-mails sent by Rumbolo.com Parties, you will be able to unsubscribe from such e-mails by following the directions set forth in each e-mail.

5. CONTENT OF THE SERVICES
Rumbolo.com takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does Rumbolo.com have any obligation to monitor such third party content. Rumbolo.com reserves the right at all times to remove or refuse to distribute any content on the Services, such as content which violates the terms of this Agreement. Rumbolo.com 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 Rumbolo.com, its users, affiliates, and the public. Rumbolo.com will not be responsible or liable for the exercise or non- exercise of its rights under this Agreement.

9. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE SERVICES
The Site and the Services are only for your personal use, and may not be used for commercial purposes. You will not use the Site or the Services in any way that is unlawful, or harms Rumbolo.com, its partners, sponsors, advertisers, affiliates, resellers, distributors, service providers and/or suppliers (each a "Rumbolo.com Party") or any customer of a Rumbolo.com Party, as determined by the sole discretion of Rumbolo.com.  Rumbolo.com may tell you about certain specific harmful uses in a code of conduct or other notices available through the Site, but has no obligation to do so. You may not use the Site or the Services in any way that breaches any code of conduct, policy or other notice applicable to the Site or the Services. Without limiting the generality of this section, you may not use the Site or the Services in any manner that could damage, disable, overburden, or impair the Site or the Services (or the network(s) connected to the Site or the Services) or interfere with any other person's use and enjoyment of the Site or the Services.

10. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY
Without limiting the generality of Section 9, you will not use the Services to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the Site or the Services in any way that violates the Rumbolo.com Acceptable Use Policy, which is below. A breach of any part of the Acceptable Use Policy is a breach of this Agreement. Rumbolo.com may, but is not obligated to, use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the Services even if such e-mail does not violate the Acceptable Use Policy.

11. ACCEPTABLE USE POLICY
You may not use the Site or the Services for spamming or other inappropriate conduct, as such may be determined by Rumbolo.com, in its sole discretion. Without limiting the generality of the foregoing, you may not:

• In any way modify e-mail headers, to disguise the origin of any e-mail transmitted to or through the Services.
• With respect to any e-mails that you send through the Services, use false or misleading information in the subject line or otherwise include false or misleading content.
• Transmit, relay or otherwise send or distribute illegal materials, including but not limited to pornographic or otherwise obscene literary works, images, graphics, videos or other electronic media containing pornographic or obscene materials.
• Relay e-mail from a third party's mail servers without the permission of that third party.
• Use Rumbolo.com computer systems, or permit or cause Rumbolo.com computer systems to be used, to facilitate the transmission of unsolicited or unauthorized material.
• Use any means to harvest, mine or collect e-mail addresses or other information from any Rumbolo sites including those associated with Rumbolo.com Mail (such as www.rumbolo.com or mail.rumbolo.com).
• E-mail, or transmit the same message numerous times.
• Use the Site or the Services in a manner that could damage, disable, overburden or impair any aspect of the Site or the Services, or that could interferer with any other person's use and enjoyment of the Site or the Services.
• You many not obtain or operate more than one Rumbolo.com Mail account.

Rumbolo.com does not permit or authorize others to use the Site or the Services to obtain or maintain information about other Rumbolo.com Mail users.

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THIS ACCEPTABLE USE POLICY IS NOT INTENDED TO AND DOES NOT GRANT ANY RIGHT TO TRANSMIT E-MAIL TO OR THROUGH RUMBOLO.COM COMPUTER SYSTEMS. RUMBOLO.COM DOES NOT WAIVE ANY RIGHTS BY ITS FAILURE TO ENFORCE THIS POLICY IN EVERY INSTANCE IN WHICH IT MIGHT APPLY.

NOTICE: Sending unsolicited commercial e-mail to or through Rumbolo.com computer systems may use, or cause to be used, Rumbolo.com servers located in California and or other locations. Any unauthorized use of Rumbolo.com Mail computer systems is a violation hereof, and certain federal and state laws, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), the CAN-SPAM Act, Section 502 of the California Penal Code, and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.

Please report any violations of this Acceptable Use Policy to abuse@Rumbolo.com

12. E-MAIL MONITORING/STORAGE
To the maximum extent permitted by applicable law, Rumbolo.com may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the Rumbolo.com Parties or any customer of a Rumbolo.com Party.

Rumbolo.com assumes no responsibility for the deletion or failure to store, deliver or timely deliver messages. Without limiting the foregoing sentence, Rumbolo.com may, from time to time and without notice, set limit(s) on the number of messages a member may send, store, or receive through the Services, and Rumbolo.com retains the right to delete any e-mails above or below such limit(s) as well as to deactivate any account which is over such limit(s) without any liability whatsoever, and you hereby release Rumbolo.com from any such liability. Any notice provided by Rumbolo.com to its users in connection with such limit(s) shall not create any obligation to provide future notification regarding any change(s) to such limit(s).

13. SOFTWARE
Your use of any software associated with the Site and the Services, if any, will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software.

14. INDEMNIFICATION
You agree to defend, indemnify and hold the Rumbolo.com Parties, their respective licensors, parents, subsidiaries, affiliates, officers and employees (the "Rumbolo.com Indemnified Parties"), harmless from and against any claim, liability, damage, loss, cost, expense or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (i) your use of the Site and/or the Services where there is no legal wrongdoing on the part of the Rumbolo.com Parties, (ii) your violation of this Agreement, (iii) the infringement by you, or by any other user of the Site or the Services using your computer, of any intellectual property or other right of any person or entity, or (iv) any threatening, libelous, obscene, harassing or offensive material contained in any of communications coming from your computer.

15. RUMBOLO.COM MAKES NO WARRANTY
RUMBOLO.COM PROVIDES THE SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RUMBOLO.COM PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE RUMBOLO.COM PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SITE AND THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.

16. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY RUMBOLO.COM PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SITE AND THE SERVICES, EVEN IF SUCH RUMBOLO.COM PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES HEREUNDER IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY (AS SET FORTH BELOW) AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY RUMBOLO.COM PARTY WITH RESPECT TO THIS AGREEMENT OR THE SITE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES.

17. CHANGES TO THE SERVICES; ADDITIONAL LIABILITY LIMITATION
THE RUMBOLO.COM PARTIES MAY CHANGE THE SITE AND THE SERVICES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERALITY OF SECTIONS 15 AND 16, YOU ACKNOWLEDGE AND AGREE THAT THE RUMBOLO.COM PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 15 AND 16, YOU ACKNOWLEDGE AND AGREE THAT RUMBOLO.COM MAIL IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SITE OR THE SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE SITE AND THE SERVICES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SITE AND/OR THE SERVICES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES OR ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE SITE OR THE SERVICES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 15 AND 16 AND THIS SECTION 17 APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.

18. TERMINATION
Rumbolo.com may terminate this Agreement, or terminate or suspend your access to the Site and/or the Services (or any portion thereof) at any time, with or without cause, with or without notice. In addition, failure to use your account for 30 consecutive days (or such other period of time as Rumbolo.com may, from time to time, determine in its sole discretion) may result in the termination of your account. Upon any such termination or suspension, your right to use the Site and/or the Services will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE SERVICES MAY NOT BE RETRIEVED BY YOU. 

19. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
Claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of North Carolina, without reference to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Cabarrus County, North Carolina in all disputes arising out of or relating to the use of the Site and/or the Services. You hereby knowingly, voluntarily, and intentionally waive, to the fullest extent permitted by applicable law, the right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

20. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. Rumbolo.com may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your right, if any, to use the Services. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Rumbolo.com with respect to the Site and the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Rumbolo.com with respect to the Site and the Services. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

21. CLAIMS AGAINST RUMBOLO.COM MUST BE BROUGHT WITHIN ONE YEAR
YOU AND RUMBOLO.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE AND/OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

22. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of this Site and the Services are Copyright © 2007 Rumbolo Family Productions and/or its suppliers. All rights reserved. Rumbolo.com, and/or other Rumbolo.com products and services referenced herein, may also be either trademarks or registered trademarks of Rumbolo.com in the United States and/or other countries. Title, ownership rights, and intellectual property rights in all content and material that is part of, contained in, or accessed through the Site and the Services, and provided by either Rumbolo.com or sponsors or any other content provider shall remain the sole property of Rumbolo.com and/or its sponsors or any other content provider.

23. INTERNATIONAL USE
Rumbolo.com makes no representations that the Content on this Site is appropriate or available for use in locations outside the United States. Those who choose to access the Site from other locations do so at their own initiative and are responsible for complying with all local laws and regulations regarding online conduct and acceptable content.

24. SURVIVABILITY
The following sections shall survive the expiration or termination of this Agreement: 4, 5, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24.