@Chicago Email Service Terms of Use

Effective Date: February 6, 2017

These Terms of Use apply only to the @Chicago email forwarding service (the “@Chicago Email Service”) offered by Chicago Community Trust (“CCT”).

CCT welcomes you to @Chicago Email Service for Chicagoans. We want you to be happy with the @Chicago Email Service and encourage you to please contact us at support@chicago.com at anytime if you have any questions or concerns relating to the @Chicago Email Service. We will do our best to resolve your questions as quickly and thoroughly as we can.

By using the @Chicago Email Service, you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time, including but not limited to the @Chicago Email Service Privacy Policy, available at http://www.chicago.com/email/ppolicy (collectively, the “Terms“). CCT retains all rights that are not otherwise expressly granted in the Terms.

1. @CHICAGO EMAIL SERVICE

CCT offers the @Chicago Email Service to you, subject to the Terms, provided that you are at least 18 years old and are not a person barred from receiving services under the laws of the United States. The @Chicago Email Service is only intended for users within the United States.

You understand that the @Chicago Email Service is an email forwarding service only and that CCT does not store your email locally or remotely on any of our servers as part of the @Chicago Email Service, nor does CCT provide any scanning or filtering for Malware (as defined below) as part of the @Chicago Email Service. In addition, you understand that the @Chicago Email Service is not intended to be used for email that is confidential or privileged or required to be sent in a secure or encrypted manner. As a result, you agree that CCT has no responsibility or liability for any of the communications, including files and other attachments, that you may receive through the @Chicago Email Service, and that CCT has no responsibility or liability for the deletion of, access to, disclosure of, or your failure to receive any of the communications transmitted by or sent to the @Chicago Email Service.

Registration and License. In order to access the @Chicago Email Service and create an account and receive an @chicago email address, you will need to register and provide current, accurate information about yourself, including your name and the email address to which your @Chicago Email Service emails will be forwarded. As part of your continued use of the @Chicago Email Service, you agree to keep your information accurate and up-to-date with CCT. CCT’s acceptance of your registration grants you a limited, non-transferable, non-assignable, non-commercial, personal license (without the right to sublicense) to use the @Chicago Email Service, which includes the specific @chicago email address registered to your account, subject to and solely in accordance with the Terms, until either you or CCT terminates your account. All rights not expressly granted to you herein are reserved by CCT, including all intellectual property rights in the @chicago name, which are owned by CCT.

@chicago Email Addresses. @chicago email addresses are offered on a first come, first served basis. We do not guarantee the availability of any @chicago email address for which you may wish to register. CCT may, in our sole discretion, refuse to accept your application for the registration of an account or a particular @chicago email address. Further, you understand and acknowledge that we may also delete the registration of any account or @chicago email address that we have registered, at any time for any reason.

2. GENERAL POLICIES; APPROPRIATE USE AND CONDUCT

Your Account. You agree that you are solely responsible for your own conduct and any use of or actions that occur under your @Chicago Email Service account, including your @chicago email address, whether or not authorized by you, as well as for any consequences thereof. You are responsible for maintaining the confidentiality of your account and password. You agree to immediately notify CCT of any unauthorized use of your account or password or any other breach of security. CCT cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account or password secure.

Appropriate Use and Conduct. You agree to use the @Chicago Email Service, including your @chicago email address, only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines. To report any activity that may violate the Terms, please email legal@chicago.com.

You may not:

  • Sell, transfer, trade, resell, or exploit for any commercial purposes, or permit another party to use, any portion or use of the @Chicago Email Service, including your @chicago email address, without the express written consent of CCT.
  • Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the @Chicago Email Service or CCT’s or its service providers’ systems or networks.
  • Engage in any activity, or use any device, software or routine, to interfere with or disrupt, or attempt to interfere with or disrupt, the proper working of the @Chicago Email Service or CCT’s or its service providers’ servers or networks or with any other person’s use of the @Chicago Email Service.
  • Use the @Chicago Email Service to distribute viruses, malware or any other harmful, disruptive or damaging files, programs or technologies (“Malware”), or use Malware to harm CCT or the interests of property any other person or entity, including any other user of the @Chicago Email Service.
  • Forge or manipulate identifiers in order to disguise the origin of any message received or sent through the @Chicago Email Service.
  • Pretend that you are, or that you represent, someone else, or impersonate any other individual or entity or IP address (e.g., IP spoofing).
  • Use the @Chicago Email Service in any way that is harassing, harmful, violent, hateful, vulgar, obscene, threatening, libelous, or otherwise tortious, abusive, unethical or prohibited by the Terms, or in any way that violates any laws, regulations or court orders.
  • Use the @Chicago Email Service to violate or infringe the rights of anyone else.
  • Use the @Chicago Email Service in any manner unintended by the Terms or CCT.

Primary Email Account. You are responsible for making all arrangements necessary for you to have access to and use the @Chicago Email Service, including setting up your primary email account to which your @chicago email address will be forwarding. In addition to the Terms, you agree you are solely responsible for complying with any policies and requirements of your primary email provider and for ensuring that your use of the @Chicago Email Service in accordance with the Terms will not conflict with such policies and requirements. CCT is not responsible for any overages or other charges, violations or actions that your primary email provider or any third party may take against you for your use of the @Chicago Email Service.

General Practices and Limits. You acknowledge that CCT may establish other general practices and limits concerning the use of the @Chicago Email Service, at any time with or without notice, including but not limited to: an upper limit on the number or size of email messages (including attachments) that may be forwarded to you through the @Chicago Email Service in any period of time, or the nature or number of attempts that will be made to forward an email message before attempting to return it to the sender, or in the event of continued failure, deleting it. Such general practices and limits will become part of the Terms.

3. @CHICAGO EMAIL SERVICE PRIVACY POLICY

For information about our data protection practices, please see the @Chicago Email Service Privacy Policy at http://www.chicago.com/email/ppolicy. The Privacy Policy governs how your information may be collected, used, disclosed and shared in connection with the @Chicago Email Service. By using the @Chicago Email Service, you acknowledge and agree that CCT may collect, use, disclose and share your information in accordance with the Privacy Policy and U.S. laws, rules and regulations.

4. MODIFICATIONS TO AND TERMINATION OF SERVICE

Either you or CCT may terminate your @Chicago Email Service account, at any time and for any reason. You may terminate your @Chicago Email Service account at any time by contacting CCT through the Contact Us section below. In addition, you agree that CCT may, at any time and for any reason in its discretion, suspend or terminate your @Chicago Email Service account, including your @chicago email address. In the event of any suspension or termination, your account will be disabled, you will no longer be authorized to use or access the @Chicago Email Service or your account, and your @chicago email address will be disabled and will no longer forward to your primary email account. In addition, in the event of any termination, the Terms will terminate; provided, however, all provisions of the Terms relating to warranties, indemnities, confidentiality obligations, proprietary rights, and limitation of liability shall remain effective despite such termination.

CCT also reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the @Chicago Email Service (or any part thereof), for any reason in its discretion, with or without notice.

You agree that CCT shall not be liable to you or to any third party for any modification, suspension, termination or discontinuance of the @Chicago Email Service, your account, or your @chicago email address, and you shall have no recourse as a result of any such modification, suspension, termination or discontinuance.

5. IDEA SUBMISSION

If you submit a comment, suggestion or any other material (“Feedback”) to CCT related to the @Chicago Email Service (excluding any illegal content), you hereby assign all ownership in and to such Feedback to CCT, and acknowledge that we will be entitled to use and implement any such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to you. By submitting Feedback, you represent and warrant to CCT that you have all necessary rights in and to such Feedback and all information it contains and that such Feedback does not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

6. UPDATES TO TERMS

Please note that we may update the Terms from time to time, and you will be able to find the most current version of the Terms on this page, at http://www.chicago.com/email/terms. We will note near the top of this page the date such changes are made or become effective. Your inaction or continued use of the @Chicago Email Service after such notice will tell us that you agree to these changes.

7. INDEMNITY

You agree to hold harmless and indemnify CCT, and its subsidiaries, affiliates, officers, agents, employees, licensors, suppliers and partners (collectively “CCT and Partners“) from and against any third party claim arising from or in any way related to your use of the @Chicago Email Service or your violation of the Terms, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, CCT will provide you with written notice of such claim, suit or action.

8. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE @CHICAGO EMAIL SERVICE IS AT YOUR SOLE RISK. THE @CHICAGO EMAIL SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CCT AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. CCT AND PARTNERS DO NOT WARRANT THAT (i) THE @CHICAGO EMAIL SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE @CHICAGO EMAIL SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, MALWARE-FREE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE @CHICAGO EMAIL SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF THE @CHICAGO EMAIL SERVICE WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN THE @CHICAGO EMAIL SERVICE WILL BE CORRECTED.

c. ANY COMMUNICATIONS RECEIVED THROUGH THE @CHICAGO EMAIL SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE RECEIPT OF ANY SUCH COMMUNICATIONS.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CCT AND PARTNERS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

9. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CCT AND PARTNERS SHALL NOT BE LIABLE TO YOU, OR TO ANY PARTY CLAIMING UNDER YOU, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CCT AND PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR EVEN IF THE NEGLIGENCE OF CCT AND PARTNERS CAUSED SUCH DAMAGES) RESULTING FROM: (i) THE USE, INABILITY TO USE OR FAILURE OF THE @CHICAGO EMAIL SERVICE; (ii) ANY DATA TRANSMISSION ERROR, DELAY OR LOSS; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, COMMUNICATIONS, DATA OR INFORMATION; (iv) THE TRANSMISSION OF ANY MALWARE (AS DEFINED ABOVE), SPAM, OR ANY HARASSING, DEFAMATORY, OBJECTIONABLE, OR OTHERWISE ILLEGAL CONTENT; (v) ANY LOSS OR DISCLOSURE OF, OR UNAUTHORIZED ACCESS TO, ANY PRIVILEGED OR CONFIDENTIAL INFORMATION; OR (vi) ANY OTHER MATTER RELATING TO THE @CHICAGO EMAIL SERVICE.

NOTHING IN THE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS HEREIN THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND THE LIABILITY OF CCT AND PARTNERS WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.

11. NOTICE

You agree that CCT may provide you with notices, including those regarding the Terms, by email or regular mail.

12. GENERAL INFORMATION

Entire Agreement. The Terms constitute the entire agreement between you and CCT and govern your use of the @Chicago Email Service, and supersede any prior agreements for the use of the @Chicago Email Service. The Terms only apply to the @Chicago Email Service offered by CCT and do not cover other services or websites, including the Chicago.com website or other services provided by CCT or third parties. Other terms and conditions may apply when you use other services offered by CCT or by third parties.

Choice of Law and Forum. The Terms and the relationship between you and CCT shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and CCT agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Illinois.

Waiver and Severability of Terms. The failure of CCT to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the @Chicago Email Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Section Headings. The section headings in the Terms are for convenience only and have no legal or contractual effect.

13. CONTACT US

Any questions regarding the Terms should be directed to legal@chicago.com.