DecoyMail™ Terms of Use

This Service Agreement ("Agreement") is between You (also "Customer") and DecoyMail™, Inc. ("DecoyMail™"). The Agreement explains the terms and conditions governing your use of the DecoyMail™ E-mail System ("Service"). Please read the entire Agreement. If you check the box and click "I have read and agree to the DecoyMail™ Service Agreement", you accept these terms and conditions, including the limitations spelled out in the Agreement. Additionally, use of the Service is limited solely to You and is subject to DecoyMail™'s published Acceptable Use Policy and Standard Terms of Use for Its Web Site. IF YOU DO NOT WISH TO ACCEPT AND AGREE TO THIS AGREEMENT, DO NOT PROCEED WITH SIGNING UP FOR THE SERVICE. Under this Agreement, You agree to be bound by all of the terms and conditions set forth herein for the Agreement term which shall be for three (3), six (6), or twelve (12) months - dependent on which service package You select, commencing with Your authorization by DecoyMail™ to use the Service ("Term").

1.The Service is an e-mail service provided by DecoyMail™ that is the property of DecoyMail™, or its licensors, and is protected by copyright and other intellectual property laws. You agree not to reproduce, distribute, disseminate, sell, publish, broadcast or circulate the Service, and information that constitutes the Service, to anyone without the express prior written consent of DecoyMail™. Customer agrees that title to and ownership of the Service, in any form, shall at all times and in any event be held exclusively by DecoyMail™. Customer shall be entitled to only such rights with respect to the Service, as are herein specifically granted and to no other rights, and, nothing in this Agreement grants Customer any rights to (i) otherwise use the Service, (ii) distribute or otherwise provide the Service to any third party, or (iii) create derivative versions of the Service either directly, or through a third party. Customer further agrees and warrants that it will not, via the use of Service or otherwise, engage in or offer services in competition with DecoyMail™ during the term of this Agreement and a period of one (1) year thereafter.

2.Payment of the Fee for the Service is paid for the Term in advance and is due at the time you sign up for the Service. Your use of the Service will not start or be authorized until your online payment in US dollars has been settled and received by DecoyMail™. You understand and agree that your use of the Service is strictly limited to the exclusive use of a second level .com domain name, and the system and interface necessary to manage the second level domain name for the receipt of email ("Service Usage").

3.The Service is restricted specifically to the receipt of email from other third parties, and the forwarding of such email to Your own email address. You may not use the Service to receive email that is the result of any of the prohibited activities identified in Section 6 below. DecoyMail™ reserves the right to terminate Your use of the Service if, in its sole judgment, You have engaged in such prohibited activities.

3.DecoyMail™ WARRANTS AND REPRESENTS THAT THE SERVICE WILL SUBSTANTIALLY PERFORM AS DESCRIBED IN ITS CURRENT PUBLISHED DOCUMENTATION FOR THE SERVICE. DecoyMail™, OR ANY OF ITS RESPECTIVE PROVIDERS, LICENSORS, OR AGENTS, MAKES NO WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS PURCHASED ON THE SOLE BASIS OF THIS WARRANTY WITHOUT ANY OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE, OTHER THAN THOSE WARRANTIES, WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER DecoyMail™ NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING (INCLUDING SUSPENDING OR DISCONTINUING SERVICE) OR SUPPORTING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE (INCLUDING CATASTROPHIC SITUATIONS BEYOND THE CONTROL OF DecoyMail™ OR ITS SUPPLIERS AND LICENSORS) OR OUT OF ANY BREACH OF ANY WARRANTY. DecoyMail™ AND ITS LICENSORS ARE NOT RESPONSIBLE FOR TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF YOUR INFORMATION CARRIED OVER INTER EXCHANGE CARRIERS', LOCAL EXCHANGE CARRIERS', OR OTHER PROVIDERS' FACILITIES. WITHOUT LIMITING THE FOREGOING, CUSTOMER AGREES THAT IT WILL NOT IN ANY WAY HOLD DecoyMail™ RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THOSE WITH WHOM DecoyMail™ CONTRACTS TO OPERATE THE SERVICE).

4.Following the Term, this Agreement may be renewed for succeeding term(s) for the Service offering, and associated pricing, terms and conditions, as then offered by DecoyMail™. This Agreement may be terminated as specifically set forth herein: (1) either party, for reasons other than breach of this Agreement, may terminate the Agreement with ninety (90) days prior written notice to the other party; (2) if either party breaches a material provision of this Agreement and fails to cure the breach within fifteen (15) days of notification of the breach, the other party can terminate this Agreement forthwith; (3) DecoyMail™ may change or discontinue the Service, or its availability to Customer, at any time with ninety (90) days prior written notice; if such changes are unacceptable to Customer, then You can terminate this Agreement with written notice to DecoyMail™; however, use of the Service after the effective date of a change constitutes acceptance of the change; and (4) under customer satisfaction policies as DecoyMail™ offers from time to time for the Service, Customer may terminate this Agreement. In the event of a termination or failure to renew this Agreement, as provided for herein, Customer's access to the Service will end with such termination, and DecoyMail™ will not be responsible in any fashion for Customer's access to an alternative e-mail service.

5.Without limiting any provision of Paragraph 3, any liability of DecoyMail™ to Customer hereunder shall be limited to direct money damages which amount shall not exceed the amount actually paid to DecoyMail™ by Customer, and in no event will DecoyMail™ be liable to Customer, any representative, or any third party for any claims arising out of or related to this Agreement or otherwise, for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect or consequential damages, loss of data, or interruption or loss of use of services, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise.

6.Customer represents and warrants that it has all right, title and interest to use any domain or data it provides to DecoyMail™ as part of the Service. Customer shall not use or permit its end-users to use the Service in ways that violate laws of the United States, infringe the rights of others, or interfere with other users of the Service. Customer further represents that its email accounts are not and shall not be used for any improper or illegal activities, including but not limited to spamming, hacking, fraud, theft of services or other activities as stated in DecoyMail™'s published Acceptable Use Policy. Customer agrees to comply with U.S. export laws concerning the transmission of technical data and other regulated materials via the Service or any succeeding and all other laws. If Customer adds any email address to the Service for which It is not the rightful owner, as determined by DecoyMail™ in Its sole discretion, then DecoyMail™ reserves the right to remove that email address from the Service.

7.Customer will indemnify, defend and hold DecoyMail™ harmless from and against any and all costs, liabilities, losses, and expenses (including, but not limited to, reasonable attorneys' fees) (collectively, "Losses") resulting from or arising out of any claim, suit, action, or proceeding (each, an "Action") brought against DecoyMail™, its affiliates or customers alleging (a) infringement or misappropriation of any intellectual property rights by Customer; (b) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (c) breach of any of the representations or warranties in Paragraph 6.; provided however, Customer shall not be obligated to indemnify DecoyMail™ unless (i) Customer is notified promptly and informed fully in writing regarding such action; (ii) Customer controls the defense or settlement of such action; and (iii) DecoyMail™ cooperates reasonably and gives Customer all necessary authority, information and assistance (at Customer's expense). Customer shall not be responsible for any Losses arising out of any compromise or settlement made by DecoyMail™ without Customer's prior written consent.

8.The parties, and their respective personnel, are and shall be independent contractors, and nothing contained in this Agreement shall be construed to make one party the partner, joint venturer, principal, agent or employee of the other party hereto.

9.This Agreement shall be construed and interpreted in accordance with the laws of the State of Arizona without regard to its conflict of laws principles. In the event of litigation arising out of the Service or this Agreement, the prevailing party shall be awarded its costs and reasonable expert and attorneys' fees. Any written notice under this Agreement shall be sent by courier or first class mail, postage prepaid, to the address of DecoyMail™ as specified on its Web site, and of the recipient as specified in the information provided by Customer at time of sign up for the Service, and shall be duly made when delivered to that address. DecoyMail™ has the right to assign this Agreement in its sole discretion without the consent of Customer. Customer may not assign this Agreement without the express written permission of DecoyMail™. If any provision of this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.