XTI Communications, through its Beirut.com division ("Beirut.com") shall provide e-mail products and services ("the Beirut.com Services") to the user ("User") under the terms and conditions of this Beirut.com User Agreement ("the Agreement").
USER UNDERSTANDS AND ACKNOWLEDGES THAT USER IS ENTERING INTO AN AGREEMENT WITH BEIRUT.COM AND NOT THE WEB SITE WITH WHOM BEIRUT.COM HAS ASSOCIATED TO BRING YOU THIS SERVICE. BY COMPLETING THE REGISTRATION PROCESS AND BY CLICKING ON THE "ACCEPT" BUTTON USER AGREES TO THIS AGREEMENT WITH BEIRUT.COM AND TO THE TERMS AND CONDITIONS HEREOF AND ACKNOWLEDGE THAT USER HAS READ AND UNDERSTOOD ANY APPLICABLE ASSOCIATE STATEMENT ACCESSIBLE FROM THE LOGIN PAGE OF THIS SITE. PERSONS UNDER LEGAL AGE MAY NOT SIGN UP FOR THE BEIRUT.COM SERVICE AT THIS TIME. HOWEVER, THEIR PARENT OR LEGAL GUARDIAN MAY ACCEPT ON THEIR BEHALF.
Acceptable Use Policy
The following conditions govern the use of the Beirut.com Service by
User. User will comply with the terms and spirit of the Agreement.
(a) User shall not use the Beirut.com Service for spamming.
Spamming includes, but is not limited to
(1) the bulksending of unsolicited messages, or the sending of
unsolicited e-mails which provoke complaints from recipients,
(2) the sending of junk mail,
(3) the use of distribution lists that include people who have not
given specific permission to be included in such distribution process,
(4) posting commercial ads to USENET newsgroups that do not permit
it,
(5) posting articles containing binary encoded data to a
non-binary newsgroups,
(6) excessive and repeated posting off-topic messages to
newsgroups,
(7) excessive and repeated cross-posting,
(8) e-mail harassment of another Internet user or users, including
but not limited to, transmitting any threatening, libelous or obscene
material, or material of any nature which could be deemed to be
offensive or in violation of law, and
(9) the e-mailing of age- inappropriate communications or content
to anyone under the age of 18. Beirut.com has in place a spam
monitoring and control system to reduce spam sent to and from Users.
Beirut.com shall make reasonable attempts to respond to complaints
made by User regarding the receipt of spam or other harassing e-mail
or, in the case of a User under the age of 18, complaints from such
User or from such User's parent or guardian regarding the receipt of
spam, other harassing e-mail, or e-mail containing any
age-inappropriate and/or unlawful communications or content.
(b) User shall not use the Beirut.com Service in a manner which
violates any city, state, national or international law or regulation,
or which fails to comply with accepted Internet protocol. User shall
not attempt to interfere in any way with Beirut.com networks or
network security, or attempt to use the Beirut.com Service to gain
unauthorized access to any other computer system.
(c) User shall at all times provide Beirut.com with accurate
information. User shall immediately notify Beirut.com of any security
breach in or unauthorized use of User's account. User shall not
interfere in any way with another User's use of, or Beirut.com's
provision of the Beirut.com Service. User shall not resell, rent,
lease, grant a security interest in, or make commercial use of the
Beirut.com services without the express written consent of Beirut.com.
(d) User agrees to use Beirut.com E-mail addresses containing the
names of colleges, universities, celebrities, entertainment
properties, businesses, or teams for personal use only and not for any
commercial purpose.
(e) User agrees not to transfer E-mail address for gain or
otherwise. Transfer of such E-mail address will result in termination
of contract with end user.
Intellectual Property Rights
The e-mail address assigned to userremains the sole property of
Beirut.com and Beirut.com reserves all rights to terminate or modify
withot notice. In all events, such e-mail address shall lapse with the
termination or lapse of this agreement.
Title, ownership rights, and intellectual property rights in all
content and material that is part of, contained in, or accessed
through the Beirut.com Service, and provided by either Beirut.com or
sponsors or any other content provider shall remain the sole property
of Beirut.com and/or its sponsors or any other content provider. User
acknowledges and agrees that certain college, university, team,
celebrity or business names contained within Beirut.com E-mail
addresses may represent protected trademarks and service marks. Such
content and materials are protected by the copyright, trademark,
service mark and patent laws and treaties.
Indemnification
User agrees to protect, indemnify and hold Beirut.com and its licensors,
parents, subsidiaries, affiliates, network partner sites, officers and
employees ("Affiliated Parties"), harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to
or arising out of User's use of the Beirut.com Service, the violation
of the Agreement by User, or the infringement by User, or by any other
user of the Beirut.com Service using User's computer, of any
intellectual property or other right of any person or entity, or as a
result of any threatening, libelous, obscene, harassing or offensive
material contained in any User communications, including, but not restricted
to, legal costs and attorney's fees.
Disclaimer of Warranty
BEIRUT.COM EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE BEIRUT.COM
SERVICE. THE BEIRUT.COM SERVICE IS PROVIDED ON AN "AS IS" BASIS,
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO
THE PERFORMANCE OF, OR ARISING OUT OF THE USE OF THE BEIRUT.COM
SERVICE IS BORNE BY USER. BEIRUT.COM MAKES NO WARRANTY REGARDING ANY
GOODS, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH THE USE
OF THE BEIRUT.COM SERVICE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
ESSENTIAL PART OF THE AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW
EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO
USER AND USER MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
Limitation of Liability UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL BEIRUT.COM OR ITS
LICENSORS OR RESELLERS BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM THE
USE OF OR THE INABILITY TO USE THE BEIRUT.COM SERVICE, THE PERFORMANCE
OF BEIRUT.COM SERVICE, OR DAMAGES FOR LOSS OF GOODWILL, BUSINESS
PROFIT, BUSINESS STOPPAGE, LOSS OF DATA OR BUSINESS INFORMATION,
COMPUTER DAMAGE, OR DAM44AGES RESULTING FROM UNAUTHORIZED ACCESS TO OR
CHANGES MADE TO USER'S TRANSMISSIONS OR DATA, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL BEIRUT.COM BE LIABLE
FOR ANY DAMAGES IN EXCESS OF WHAT BEIRUT.COM RECEIVED FROM USER FOR
THE BEIRUT.COM SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION
AND EXCLUSION MAY NOT APPLY TO USER.
Storage
Beirut.com assumes no responsibility for the deletion or failure to
store, deliver or timely deliver messages. Without limiting the
foregoing, Beirut.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 service, and Beirut.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 User hereby releases Beirut.com from any
such liability. Any notice provided by Beirut.com to Users in
connection with such limit(s) shall not create any obligation to
provide future notification regarding any change(s) to such limit(s).
Infringement
User represents that the user ID selected by the User, when used
alone or combined with a second or third level domain name, does not
interfere with the rights of any third party and is not being selected
for any unlawful purpose. User acknowledges and agrees that if such
selection does interfere with the rights of any third party or is
being selected for any unlawful purpose, Beirut.com may immediately
suspend the use of such Beirut.com E-mail address, and User will
protect, indemnify and hold Beirut.com harmless, in accordance with the
Indemnification section above, for any claim or demand against
Beirut.com that arises out of such selection. User acknowledges and
agrees that neither Beirut.com nor any of its licensors shall be
liable to User in the event Beirut.com is ordered or required, as a
result of a court order or legal settlement, or contractual
requirement with any licensor, to desist from using or permitting the
use of a particular domain name as part of a Beirut.com E-mail
address. If as a result of such action, User loses an E-mail address,
the User's sole remedy shall be the receipt of a replacement
Beirut.com E-mail address.
Modification
Beirut.com reserves the right to modify the Beirut.com Service as
described in the Agreement and on the site, and to change the terms
and conditions of the Agreement at any time, without notice. Continued
use of the Beirut.com Service after such modifications shall be deemed
an acceptance by the User to be bound by the terms of the modified
Agreement.
Termination
Beirut.com Service may be terminated, in whole or in
part, effective immediately, by either Beirut.com at any time without
notice and without any liability whatsoever, and User hereby releases
Beirut.com from any such liability. Upon termination, User's right to
use the Beirut.com Service immediately ceases, and Beirut.com is not
obligated to forward any unread or unsent messages to User or any
third party. Beirut.com shall not be liable to User or any third party
for termination of the Beirut.com Service. In the case of a terminated
paid Beirut.com Service ("Premium Service"), upon written request to
Beirut.com, User shall receive at Beirut.com's option, either i)
reimbursement of the pro-rata portion of the amount paid for the
period remaining on User's account for the terminated Premium Service;
or ii) credit for another Premium Service equivalent to the pro-rata
portion of the amount paid for the period remaining on User's account
for the terminated Premium Service. There shall be no reimbursement or
credit if the Beirut.com Service is terminated due to User's violation
of the terms of this Agreement.
In addition, Beirut.com retains the right, at Beirut.com's sole
discretion, to terminate any and all parts of the Beirut.com Service
provided to User, without refunding User for any annual fees paid but
not yet accrued, if it determines that User has failed to comply with
any of the terms of the Acceptable Use Policy. If Beirut.com
determines that User has failed to comply with any of the terms of the
Acceptable Use Policy above, Beirut.com shall, if and when it deems it
appropriate:
(1) facilitate criminal prosecution against such User by
referring User's spamming activity to the appropriate legal
authorities, and
(2) bring a civil action against such User, who shall
be liable to Beirut.com for any direct, indirect, special, incidental,
or consequential damages incurred by Beirut.com as a result of User's
spamming or other prohibited activity.
Severability
If any provision hereof shall at any time be held to be void,
invalid or unenforceable, such provision shall be construed as
severable and shall not in any way affect or render void, invalid or
unenforceable any other provision of this Agreement, and this
Agreement shall be carried out as if such void, invalid or
unenforceable provision were not part of this Agreement.
Action Limit
User and Beirut.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.
No Waiver
No waiver on the part of Beirut.com to exercise, and no delay in
exercising, any right, power or provision hereunder shall operate as a
waiver thereof, nor shall any single or partial exercise of any right,
power or provision hereunder preclude the exercise of that or any
other right, power or provision. Beirut.com Successors and Assigns
This Agreement shall be binding upon and inure to the benefit of any
Beirut.com successor companies or assigns.
Headings
The headings in this Agreement are for convenience only and shall
not affect the meaning or interpretation of this Agreement or any
provision thereof.
Entire Agreement
This Agreement contains the entire understanding of the parties
with respect to the subject matter hereof and supersedes all prior and
contemporaneous agreements and understandings, whether oral or
written, relating to the subject matter hereof.
Governing Law
This Agreement shall be governed by and construed in accordance
with the laws of the State of Nevada, United States of America, applicable
to agreements executed and performed wholly within the State of Nevada.








