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EMAIL TERMS AND CONDITIONS
Welcome to our email service (the "Services"). We provide the Services to you under the following Terms and Conditions, which will constitute a valid, electronic agreement between you and us, and enforceable against you, for your use of the Services. You may have a separate, written agreement directly with us that supersedes and/or supplements all or portions of these Terms and Conditions.
By clicking on the appropriate button to indicate your acceptance, by paying for, or using the Services, you agree to use the Services consistent with these Terms and Conditions and with all applicable laws and regulations. You may not modify these Terms and Conditions. We may modify these Terms and Conditions from time to time. If we do, we will notify you by posting the amended Terms and Conditions on the Services. Please read these Terms and Conditions carefully. You are responsible for regularly reviewing these Terms and Conditions. If any terms contained herein conflict with the terms contained in any offer or elsewhere on our website, these Terms and Conditions control.
A. RULES FOR USING THE SERVICES
1. YOUR RESPONSIBILITIES. You are solely responsible for the content of your messages. You acknowledge that we are not responsible or liable, and do not control, the content of messages sent through the Services. You are not permitted to transmit messages on the Services that (a) infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy; (b) violate any law, statute, ordinance or regulation; (c) are defamatory, trade libelous, threatening, unlawfully harassing, indecent, abusive, obscene, or contain child pornography; (d) contain viruses or other similar harmful or deleterious programming routines; (e) damage, disable, overburden or impair the Services or any other party's use of the Services; or (f) contain links to any sites that do or are. In addition, you are not permitted to harvest email addresses through the Services or falsify header information in the messages you send. Complaints regarding email abuse should be sent to firstname.lastname@example.org.
2. SPAMMING IS PROHIBITED. You may not use the Services to send spam, either directly or indirectly, or that in any way violates our Anti-Spam Policy. We will determine in our sole discretion whether any of the messages you send are spam. For your information, spamming generally includes sending any form of email that can be interpreted as junk email or bulk email that the recipient has not specifically requested from you. We may, at our sole option, deploy automatic spam filters that may temporarily block or permanently terminate emails sent to or by you without delivering them. We reserve the right to take any and all legal and technical remedies to prevent you from sending spam. If you send any spam we may penalize you by terminating your mailbox and through any other remedies we may have available to us. Additional information about our Anti-Spam policy can be found on a link at the bottom of the login page to the Services.
3. RULES RELATING TO MINORS. If you are under the age of 18 you may not use the Services without the consent of a parent. If you are under the age of 13, you may not use the Services. If you are age 18 or older, you warrant to us that you are at least 18 years old, that all information that you submit to us is true and verifiable (including your credit card account information), and you agree to pay all fees, charges, taxes and assessments arising out of your use of the Services.
B. PAYMENT TERMS. The following terms apply.
1. TERM. The Services are available to purchase on a biannual, annual or monthly basis beginning on the date that you accept these Terms and Conditions, and will be billed during our performance of the Services according to the Services and our established billing cycle based upon the specific Service purchased. We may offer, from time to time, special offers for which the pricing will be valid only for the duration of the subscription term purchased.
You understand that we will automatically renew your Services for additional equivalent terms as your initial subscription term (either biannual, annual or monthly) and you give us your consent to automatically charge your credit card account for each successive term unless you provide us with notice of your intent to cancel, you revoke your authorization, your Services are cancelled as provided herein, or as otherwise provided as part of any special offer. You must provide us with your notice to cancel or revocation at least 15 days in the case of monthly, and 30 days in the case of annual or biannual, prior to the end of your initial or renewal subscription term by telephone to the Customer Service Department contact information located in the "Help/Feedback" link on the Services. No other notices of Service cancellation/revocation will be accepted.
2. PAYMENT. Upon placing an order for the Services, you must provide us with a valid credit card account number. You hereby authorize us to charge your credit card account in advance, for the full price of the Services for the initial and each renewal subscription term. We will charge you for the Services in U.S. dollars. You acknowledge and agree that we may, in our sole discretion, change the fee schedule for the Services at any time; provided that we will only apply changes in the fee schedule to your future charges. You may view the current fee schedule on the "Upgrade/Renew" link under the "My Account" link on the menu bar of the Services.
3. REFUNDS. You will not be entitled to a refund in the event we cancel your mailbox on the Services for a violation of these Terms and Conditions. In no event will you be entitled to a refund of any portion of the Services fees because you have not used the Services.
4. TERMINATION. We may, in our sole discretion, suspend or terminate the Services if you default in your payment to us. A payment "default" means that your credit card company denies the charge to your credit card account. We will provide you with notice of any payment default by email, when possible. You will have five (5) days to cure a payment default updating your credit card account information through the Customer Service Department contact information located in the "Help/Feedback" link on the Services
1. PRIVACY OF YOUR REGISTRATION DATA. You understand that we may disclose statistics about our users' registration information in connection with our marketing activities, but only in the aggregate. You also understand and agree that the Services may include certain communications from us, such as Services announcements and newsletters, that these communications are considered administrative messages, and that you will not be able to opt out of receiving them.
2. PRIVACY OF YOUR MAILBOX. We consider your registration data, credit card information, and the content of all of your messages to be private. However, we may monitor your email and disclose any information we obtain, to the extent permitted by law, for the purpose of ensuring your compliance with these Terms and Conditions or to protect the rights, property, or interests of us or any third party. Messages that you send will be received with your name and Internet Protocol (IP) address contained within the header of your message. We will not intentionally monitor or disclose any of your email messages or data unless we believe in good faith that we are required to do so (i) to enforce these Terms and Conditions, (ii) by law, (iii) to defend us in any action, or (iv) to protect our property. Additionally, you agree to respect the privacy and confidentiality of others. Since privacy is a function of your password, we encourage you to change your password frequently and to not share it with anyone.
D. ABOUT YOUR MAILBOX
1. ALLOWED USE. You acknowledge that only you are authorized to use your mailbox and that you are fully responsible for maintaining the confidentiality of your password and all activities occurring through your mailbox. You agree not to resell the Services and you agree to be fully liable for the use of your mailbox, including any unauthorized use of your mailbox by a third party. You agree to notify us immediately if you become aware of any unauthorized use of your mailbox.
2. EMAIL STORAGE. Your mailbox will include a minimum of base allocation of email storage specified for your Services, unless you purchase additional storage through the Services. We may not process any email message that is larger than the megabytes limit for your Services, at our sole discretion.
3. CANCELLING YOUR MAILBOX. If your mailbox is cancelled for any reason, all email, including any attachments will automatically be deleted and unrecoverable. We may, in our sole discretion, recycle or retire your email address after your mailbox has been inactive for three (3) months. We may or may not notify you before we terminate your mailbox for violation of these Terms and Conditions. If we terminate your mailbox, we may not reinstate it in our sole discretion.
E. OTHER PROVISIONS
1. PROPRIETARY RIGHTS. We may provide you with content such as text, software, music, sound, photographs, graphics, video or other material which may be protected by copyrights, trademarks, or other intellectual property rights and laws. You may use this material only as expressly authorized by us and you may not copy, transmit or create derivative works of such material without express authorization.
You acknowledge and agree that you may not upload, post, reproduce, or distribute any content on or through the Services that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject you to personal liability or criminal prosecution.
If you believe that a copyrighted work has been infringed by a user of our Services, please send a written notification of claimed infringement to our Legal Department with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the allegedly infringing material is located on the Services; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Legal Department can be reached at: Legal Department, 1155 Kelly Johnson Boulevard #305, Colorado Springs, CO 80920, (719) 265-2930, (719) 268.2978 fax; or email@example.com.
Upon our receipt of notice of a claimed copyright infringement containing the above information, we will promptly remove the allegedly infringing material from the Services by canceling the user's account on our Services. We will have no liability to any user of the Services or any third party for the removal of any such material.
2. INDEMNIFICATION. You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand or damage, including reasonable attorneys' fees, caused by or arising out of claims made against us based upon the use of the Services.
4. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAY CHANGE THE FEATURES OR FUNCTIONALITY OF THE SERVICES AT ANY TIME, IN OUR SOLE DISCRETION. WE EXPRESSLY DISCLAIM 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.
WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS FREE OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLEY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
5. LIMITATION OF LIABILITY. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR INTERRUPTED COMMUNICATIONS, LOST DATA OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Some States do not allow the limitation of liability so the foregoing may not apply to you.
YOU ALSO AGREE THAT YOUR SOLE REMEDY UNDER THE TERMS AND CONDITIONS OF THIS AGREEMENT IS CANCELLATION OF YOUR MAILBOX.
6. MISCELLANEOUS. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Colorado without giving effect to principles of conflict of laws. You agree to submit to the exclusive jurisdiction of the courts located in the county of El Paso in the State of Colorado. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. We may assign these Terms and Conditions, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense your rights, if any, under these Terms and Conditions. Our failure to act with respect to your breach does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between you and us. These Terms and Conditions and all documents relating hereto have been drafted and will be interpreted in English.