1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE

BY COMPLETING THE ALIAS SELECTION PROCESS AND CLICKING THE "Register" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS.

The horace.org will send you an e-mail confirmation of your Alias or a notice that the Alias you selected is unavailable or has been rejected. A confirmation notice will include the horace.org's Acceptable Use Practices and Netiquette Guide. These policies form part of the Terms and you agree to abide by them.

You are entirely responsible if you do not maintain the confidentiality of your Alias. Furthermore, you are entirely responsible for any and all activities that occur under your Alias.

You agree to immediately notify the horace.org of any unauthorized use of your Alias or any other breach of security known to you.

The Services provide you with an Alias for sending and receiving e-mail concerning horace.org administrative/technical business and personal communications. This Service is offered free of charge. You must provide all equipment necessary to send e-mail, including a computer and modem, and pay any telephone service fees associated with use of such equipment.

Access to the Service is a privilege, not a right. In consideration for the Service, you agree to abide by all of the Terms. If you do not abide by all the Terms, the horace.org may terminate your access to the Service. The horace.org reserves the right to discontinue the Service with or without notice to you. The horace.org shall not be liable to you or any third party should the horace.org exercise its right to discontinue the Service.

The horace.org may change or supplement the Terms from time to time. Upon any change or supplement in the Terms, the horace.org will notify you via e-mail. Use of the Service after receipt of such notice is an acceptance of such modified Terms.

It is the horace.org's policy to respect the privacy of its members. Therefore, the horace.org will not monitor, edit, or disclose the contents of your e-mail and web traffics unless required to do so by law or in the good faith belief that such action is necessary to:

1. conform to the edicts of the law or comply with legal process served on the horace.org;
2. protect and defend the rights or property of the horace.org or its members; or
3. act under exigent circumstances to protect the personal safety of its members or the public.

You acknowledge and agree that the horace.org neither endorses the contents of any of your communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.

You are solely responsible for the contents of your transmissions through the Service. You are responsible for knowing the address of the intended recipient. Your use of the Service is subject to all applicable local, state, national and international laws and regulations.

You agree:

1. to comply with US law regarding the transmission of technical data exported from the United States through the Service;
2. not to use the Service for illegal purposes;
3. not to interfere or disrupt networks connected to the Service; and
4. to comply with all regulations, policies and procedures of networks connected to the Service.

You will use the Service only as provided the horace.orgs Acceptable Use Practices and Netiquette Guide. You shall not use the Service for any purpose not expressly authorized by the horace.org. Prohibited conduct includes, but is not limited to, (1) sending chain letters or junk mail; (2) spamming; (3) impersonating others (4)marketing or sale of products and services; (5) use of distribution lists for any person who has not given permission to be included in such a list or (6) electioneering.

You agree not to 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 of the horace.org or any third party are prohibited.

You shall not interfere with another member's use and enjoyment of the Service or another person's use and enjoyment of similar services.

The horace.org may, at its sole discretion, immediately terminate Service should your conduct fail to conform with these terms of conduct.

Your right to use the Service is personal to you. You may not allow any third person to use the Service. You may not resell or make any commercial use of the Service.

USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE horace.org EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. THE horace.org MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT THE horace.org WILL DETECT OR DELETE ALL VIRUSES IN CONTAINED ENCLOSURES. THE horace.org MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE horace.org OR THROUGH THE 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.

ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. 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.

THE horace.org 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 MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF THE horace.org 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.

YOU AGREE TO INDEMNIFY AND HOLD THE horace.org HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SERVICE, THE VIOLATION OF THE TERMS BY YOU, OR THE INFRINGEMENT BY YOU, OR ANY OTHER USER OF THE SERVICE USING YOUR COMPUTER, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.

Either you or the horace.org may terminate the Service with or without cause at any time and effective immediately. Termination shall be accompanied by a written notice to the other party. The Service will also terminate should your membership with the horace.org lapse or expire.

Should you object to any terms and conditions of the Terms or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service and notify the horace.org of termination.

Upon termination of the Service, your right to use the Service immediately ceases. You shall have no right and the horace.org will have no obligation thereafter to forward any unread or unsent messages to you or any third party. The horace.org shall not be liable to you or any third party for termination of Service.

All notices to a party shall be in writing and shall be made via e-mail or conventional mail. The horace.org may send notices or messages through the Service to inform you of changes to the Terms, the Service, or other matters of importance; such messages shall constitute notice to you.

The Terms shall be governed by and construed in accordance with the laws of the state of New York, U.S.A., excluding its conflict of law provisions.

If any provision of the Terms is held by a court of competent jurisdiction to be contrary to law, then such provision 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 horace.org's failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

The section titles in the Terms are solely used for convenience and have no legal or contractual significance.

The Terms comprise the entire agreement between you and the horace.org and supersede all prior agreements between you and the horace.org regarding the subject matter contained herein.