THIS AGREEMENT HAS A PROVISION FOR ARBITRATION OF DISPUTES BETWEEN THE PARTIES.
This Email Service Agreement ("Agreement") sets forth the terms and conditions between you and eNom, Inc. (referred to as "we", "us" and "our") for use of the our POP Email service (the "Email Service"). The Email Service is provided to individuals who are eighteen (18) years of age or older. Please take the time to review this document carefully. By completing the registration process and indicating that you have read and agreed to this Email Service Agreement ("Agreement"), you are stating that you are eligible to receive the Email Service and that you agree to be bound by all the terms and conditions set forth in this Agreement.
ACCEPTABLE USE POLICY
The Email Service provided by us is intended for individuals and is for your use only. Any unauthorized resale of the Email Service provided is expressly prohibited. You are responsible for providing us with complete and accurate information during the registration process. You are responsible for abiding by all local, national and international laws and regulations. Furthermore you agree to be solely responsible for all acts and omissions carried out under your username and password, including the content of your transmissions sent through the Email Service. By using the Email Service, you agree to not engage in any inappropriate activities, which include, but are not limited to the following:
We do not tolerate abuse of our services. We reserve the right to terminate any account, which we believe, in our sole discretion, is using the Email Service to transmit spam or other unsolicited commercial messages. You agree to be held liable for any damages incurred by the abuse of our Email Service.
You agree to pay, prior to the effectiveness of the Email Service, the applicable fees for the Email Service. In the event any of the fees for the Email Services change, we will use reasonable efforts to give you thirty (30) days prior notice of such changes. All fees are non-refundable, in whole or in part, even if you the Email Service is suspended or cancelled. At our option, we may require that you pay fees through a particular payment means (such as by credit card or by wire transfer) or that you change from one payment provider to another.
LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY (a) SUSPENSION OR LOSS OF THE EMAIL SERVICE, (b) USE OF THE EMAIL SERVICE, (c) INTERRUPTION OF THE EMAIL SERVICE OR INTERRUPTION OF YOUR BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE EMAIL SERVICE; (e) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (f) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (g) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT OR PASSWORD; OR (h) APPLICATION OF ANY DISPUTE POLICY. WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR EMAIL SERVICES, BUT IN NO EVENT GREATER THAN $400.00 (US Dollars). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
DISCLAIMER OF WARRANTY
We provide the Email Service on an "as is" basis without any expressed or implied representations, warranties or conditions. We do not guarantee that that the Email Service is offered in a timely, secure, or error-free manner. To the fullest extent permitted by applicable law, we disclaim all warranties and conditions, express or implied, including but not limited to merchantability, merchantable quality, correspondence to description and fitness for a particular purpose.
You agree to indemnify and hold us and our parents, subsidiaries, affiliates, officers and employees harmless from any claim, demand, or damage including reasonable attorney's fees asserted by any third party due to or arising out of your use of or conduct on the Email Service.
We have the authority to terminate all or part of the Email Service with or without cause at any time. We may terminate your account if you violate any term of this Agreement. We may terminate your account for inactivity, which is defined as failing to log in to your account for an extended period of time. If you wish to terminate your account voluntarily, you may do so by discontinuing the usage of the Email Service. Upon termination of your account, your right to use that account immediately ceases, and we have no further obligations to maintain the content in your account or to provide you any further services.
All content, including but not limited to text, images, graphics, software, code or other material contained in our web site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content made available through the Email Service and all our related web sites, including all code and software.
MODIFICATIONS TO TERMS OF SERVICE AGREEMENT
We reserve the right to change or modify this Agreement at any time. In the event of a change or modification to this Agreement, we will notify you by posting an updated version of this Agreement on this web site. You are responsible for regularly reviewing this Agreement. Continued use of the Email Service after any such changes or modifications shall be taken as your acceptance to be bound by the terms and conditions set forth in the modified Agreement.
GOVERNING LAW AND JURISDICTION FOR DISPUTES
With respect to any dispute concerning the Email Service, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Washington, as if the Agreement was a contract wholly entered into and wholly performed within the State of Washington. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of the agreement to arbitrate, shall be determined by arbitration in King County, Washington, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Service of process on you by us in relation to any dispute arising under this Agreement may be served upon you by first class mail to the address listed by you in your account with us or by electronically transmitting a true copy of the papers to the email address listed by you in your account and/or the email address provided by us via the Email Service.
This Agreement, together with all modifications, constitutes the complete and exclusive agreement between you and us, and supersedes and govern all prior proposals, agreements, or other communications with respect to the Email Service. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.