|
This Terms of Service shall become part of the Mailborder Systems terms of service for any new or existing service agreement between Mailborder Systems and this new registrant, herein known as Customer. Services: Subject to the terms and conditions of the Agreement and this Addendum, Mailborder Systems shall provide to Customer Virus Filtering Services, Spam Filtering Services, Dangerous Content Filtering Services, Black Listing Services, White Listing Services, and File Type Filtering Services (collectively known as “Services”), as amended when required. Fees: If the Customer desires to enroll in a subscription plan for Services, Customer will pay the monthly fees for the Services, as set forth in an applicable service order purchased through the Mailborder Systems web site. Customer Responsibilities and Restrictions: Customer shall be responsible for: (i) determining whether the Services will achieve the results the Customer desires; (ii) procuring, installing, and operating the computers systems, operating systems, programs and Internet connections or other services necessary to access and use the Services as provided hereunder; and (iii) establishing adequate operational back-up provisions in the event of a defect or malfunction that renders the Services or the computer systems or software on which they run non-operational. Customer shall not: (i) sell, lease, assign, sublicense or otherwise transfer the Services; (ii) attempt to decompile, disassemble, or otherwise analyze for reverse engineering purposes the Services or the software (“Software”) used to provide the Services; (iii) create, write, or develop any derivative software or other software program that is based on the Software; (iv) undermine or circumvent any security devices, firewalls, encryption, virus protection, procedures or access restrictions with respect to the Services; (v) or attempt to use Services for any purpose other than its intended use. Customer agrees to indemnify, defend and hold Mailborder Systems and its suppliers harmless from and against any and all claims, losses, liabilities and damages, including any legal fees, which may arise out of Customer’s failure to comply with the foregoing. Term and Termination: This agreement shall commence on the date that the service is enabled as per the Customer request, and shall continue in full force and effect on a month-to-month basis. This agreement shall terminate immediately upon expiration or termination of this agreement. Mailborder Systems may immediately, without notice to Customer, without limiting any other rights it might have and without incurring any obligation or liability to Customer, temporarily discontinue the Services, change the services or terminate this agreement if Mailborder Systems determines, in its sole discretion, that Customer has violated any provision of this agreement. Further, either party may, for any reason, terminate this agreement with reasonable notice to the other party. Mailborder Systems may amend this agreement at any time. Intellectual Property: Mailborder Systems or its suppliers are the exclusive owner of and will retain all right, title, and interest in and to the Services and the Software, including copyrights, patent rights, trademarks, service marks, trade secrets, and other proprietary rights therein. Disclaimer of Warranties, Limitation of Liability: Although the Services are designed to filter and quarantine unsolicited email messages and/or email messages containing computer viruses there are several limitations, including but not limited to the filters selected, either by default or by the Customer, and the virus definitions provided by third-parties. Mailborder Systems exercises no control whatsoever over the content of the information passing through its system. Neither Mailborder Systems nor any of its affiliates, its suppliers, its contractors or their respective employees warrants that the Services will be uninterrupted or error free; nor does Mailborder Systems make any warranty as to the results from use of the Services. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY MAILBORDER, ITS AFFILIATES, ITS SUPPLIERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. UNDER NO CIRCUMSTANCES SHALL MAILBORDER, ITS AFFILIATES, ITS SUPPLIERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM CUSTOMER’S USE OF OR INABILITY TO USE THE SERVICES OR TO ACCESS THE INTERNET OR ITS EMAIL, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF CUSTOMER'S EMAIL ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. If Customer is dissatisfied with the Services or with any terms, conditions, rules, policies, guidelines or practices of Mailborder Systems in operating the Services, Customer’s sole and exclusive remedy is to discontinue using the Services. |