1. Anti-Spam Policy:

Primemail.com does not tolerate Spamming activities - anyone with a Primemail Account who is involved in any form of spamming (or junkmail) activities, will have their Primemail Account(s) immediately terminated without notice and without refund. See Section 11 - Customer Conduct.

2. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS AND CONDITIONS AGREEMENT

Primemail Service ("Primemail") is provided to you ("Customer") under the terms and conditions of this Terms and Conditions Agreement (TCA) document. This TCA document comprises the entire agreement between you, the Customer and Primemail and supersedes all prior agreements regarding the subject matter contained herein.

3. DESCRIPTION OF SERVICE

Primemail is providing the Customer with the following supplemental internet email Services:

o A permanent internet email address.
o Multiple email forwarding addresses.
o Optional Webmail application.
o Default 20MB of mail storage.

In consideration for this Service, Customer agrees to:

A. Provide current, complete, and accurate account information.

B. Maintain and update this information as necessary.

C. Pay for the cost of Primemail Service when due.

If any information provided by Customer is inaccurate, false or otherwise incorrect, or Customer fails to pay for the cost of Service when due, Primemail retains the right to cancel Customer's account.

4. MODIFICATIONS TO TERMS AND CONDITIONS AGREEMENT

Primemail may change the terms and conditions of this document from time to time. Upon any changes, Primemail will notify you via Primemail's Web Site and/or email. Customer's continued use of Primemail Service constitutes an agreement to be bound by the latest version of this Terms and Conditions document.

5. MODIFICATIONS TO SERVICE

Primemail reserves the right to modify or discontinue Service(s) with or without notice to Customer. Primemail shall not be liable to Customer or any other party should Primemail exercise it's right to modify or discontinue Service(s).

6. PRIVACY POLICY

It is Primemail's policy to respect the privacy of it's Customers including their account data. Primemail will not disclose the contents of a Customer's personal account data or monitor or edit email communications unless required to do so by law or in the good faith belief that such action is necessary to:

A. Conform to the edicts of the law or comply with a legal process served on Primemail.

B. Protect and defend the rights or property of Primemail.

C. Act under exigent circumstances to protect the personal safety of it's Customers or the public.

Customer acknowledges and agrees that Primemail neither endorses the contents of any Customer communications nor assumes any responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein; any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.

Customer acknowledges and agrees that certain technical processing of email messages and their content are required to be able to provide Primemail Service. Primemail will not sell or otherwise make available it’s customer database, in any form, to any person(s) or business(es), including other Primemail customers.

7. CUSTOMER ACCOUNT, PASSWORD, AND SECURITY

Once you become a Primemail Customer, you may receive a username and a password. You are entirely responsible to maintain the confidentiality of your password. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your account data, including password at any time.

8. DISCLAIMER OF WARRANTIES

CUSTOMER EXPRESSLY AGREES THAT USE OF THIS SERVICE IS AT CUSTOMER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

PRIMEMAIL EXPRESSLY DISCLAIMS 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.

PRIMEMAIL MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PRIMEMAIL MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE.

CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED, FORWARDED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SERVICE IS DONE AT CUSTOMER'S OWN DISCRETION.

CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR FORWARDING OF SUCH MATERIAL AND/OR DATA.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

9. NO RESALE OR COMMERCIAL USE OF PRIMEMAIL SERVICE

Customer agrees not to resell or make any commercial use of Primemail Service.

10. LIMITATIONS

You may not forward mail to another primemail address. Primemail may terminate Service to a Customer if a Customer's email traffic load (from either per email size and/or continuous email bombings) is found to interfere with Primemail being able to effectively process other Customer's email in a timely manner.

11. CUSTOMER CONDUCT

Customer is solely responsible for the contents of his or her transmissions through Primemail Service. Customer's use of Primemail Service is subject to all applicable local, state, national and international laws and regulations.

Customer agrees:

(1) Not to use Primemail in any manner that involves spamming mailing lists; including but not limited to, spam mailing list management, spam distribution and/or spam generation.

(2) Not to use Primemail in any manner that involves chain email; including but not limited to automatic or manual generation of chain mail and/or use of an autoresponder to send mail to another Primemail address.

(3) Agrees to respond in a timely manner via email to questions sent by Primemail regarding their account.

(4) To comply with US law regarding the transmission of technical data exported from the United States through Primemail.

(5) Not to use Primemail for illegal purposes.

(6) Not to interfere or disrupt networks connected to Primemail.

(7) To comply with all regulations, policies and procedures of networks connected to Primemail.

(8) Primemail makes use of the Internet to send and receive messages; therefore, customer's conduct is subject to Internet regulations, policies and procedures.

(9) Customer will not use their Primemail Account(s) and/or Primemail resources to support any form of SPAMMING, junk mail or distribution list activities. Failure to comply with this provision will be cause for immediate Account termination without notice and without refund.

(10) Customer also agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.

(11) Customer further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to Primemail or any other computer systems are prohibited.

(12) Customer shall not interfere with another Customer's use of Primemail.

(13) PRIMEMAIL MAY, AT ITS SOLE DISCRETION, IMMEDIATELY CANCEL SERVICE SHOULD CUSTOMER'S CONDUCT FAIL TO CONFORM WITH THE TERMS AND CONDITIONS OF THIS TCA.

12. INDEMNIFICATION

Customer agrees to indemnify and hold Primemail, it's parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including attorneys fees, made by any third party due to or arising out of Customer's use of Primemail, the violation of this TCA by Customer, or the infringement by Customer, or other user of Primemail using Customer's computer, of any intellectual property or other right of any person or entity.

13. TERMINATION

Either the Customer or Primemail may terminate Service at any time, for any reason, effective immediately. Termination shall be accompanied by a written notice to the other party. Primemail shall not be liable to Customer or any third party for termination of Service.

Should Customer object to any terms and conditions of this TCA or any subsequent modifications to same or become dissatisfied with Primemail Service in any way, Customer's only recourse is to immediately:

(A) Discontinue use of Primemail Service.

(B) Notify Primemail of cancellation. Upon cancellation of Service, Customer's right to use Primemail immediately ceases. Customer shall have no right and Primemail will have no obligation thereafter to continue to store email or forward any unread or unsent email messages to Customer or any third party.

14. NOTICES

All notices between Customer and Primemail shall be in writing and shall be made available either via email or conventional mail. Primemail may broadcast notices or messages through the Service to inform Customers of changes to this TCA or other matters of importance; such broadcasts shall constitute notice to Customer.

15. LAWS

This TCA shall be governed by and construed in accordance with the laws of the state of California, excluding it's conflict of law provisions. Customer and Primemail agree to submit to the exclusive jurisdiction of the courts of the state of California. If any provision(s) of the TCA is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

Primemail's failure to exercise or enforce any right or provision of the TCA shall not constitute a waiver of such rights.

Customer and Primemail agree that any cause of action arising out of or related to Primemail service must commence within one (1) year after the cause of action arose, otherwise, such cause of action is permanently barred.

The section titles in the TCA are solely used for the convenience of the parties and have no legal or contractual significance.

Copyright (c) 1996-2007 - Primemail Terms and Conditions document effective date 07/01/2007