ACCEPTABLE USE POLICY.
The following policy governs the use of the iMailBox Service by Customer. Customer will comply with the terms and spirit of the Contract. (a) Customer shall not use the iMailBox Service for spamming. Spamming includes, but is not limited to (1) the bulksending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from the recipients, (2) the sending of junk mail, (3) the use of distribution lists that include people who have not given specific permission to be included in such distribution process, (4) posting commercial ads to USENET newsgroups that do not permit it, (5) posting articles containing binary encoded data to a non-binary newsgroups, (6) excessive and repeated posting off-topic messages to newsgroups, (7) excessive and repeated cross-posting and (8) email harassment of another Internet user or users, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive. Customer shall not use the iMailBox Service in a manner which violates any city, state, national or international law or regulation, or which fails to comply with accepted Internet protocol. Customer shall not attempt to interfere in any way with iMailBox networks or network security, or attempt to use the iMailBox Service to gain unauthorized access to any other computer system. (b) Customer shall at all times provide iMailBox with accurate information. Customer shall immediately notify iMailBox of any security breach in or unauthorized use of Customer's account. Customer shall not interfere in anyway with another customer's use of, or iMailBox's provision of the iMailBox Service. Customer shall not resell, rent, lease, grant a security interest in, or make commercial use of the iMailBox services without the express written consent of iMailBox.

iMailBox retains the right, at iMailBox's sole discretion, to terminate any and all parts of the iMailBox Service provided to Customer, without refunding Customer for any annual fees paid but not yet accrued, if it determines that Customer has failed to comply with any of the terms of the Acceptable Use Policy. In addition, if iMailBox determines that Customer has failed to comply with any of the terms in Section (a) above, of the Acceptable Use Policy, iMailBox shall when appropriate, (1) facilitate criminal prosecution against such Customer by referring Customer's spamming activity to the appropriate legal authorities, and (2) bring a civil action against such Customer, who shall be liable to iMailBox for any direct, indirect, special, incidental, or consequential damages incurred by iMailBox as a result of Customer's spamming activity.

TITLE.
Title, ownership rights, and intellectual property rights in all content and material that is part of, or contained in the iMailBox Service, and provided by iMailBox shall remain with iMailBox. Such content and materials are protected by the copyrights, trademark, service mark and patent laws and treaties.

PRIVACY.
IMailBox will not monitor or disclose the contents of Customer's private communications unless required to do so by law or in the good faith belief that such action is necessary to protect and defend iMailBox's rights or property, or under exigent circumstances to protect the personal safety of its customers or the public. Customer's account(s) shall be password protected and Customer shall be solely responsible for maintaining the confidentiality of Customer's password.

DISCLAIMER OF WARRANTY.
IMAILBOX EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE IMAILBOX SERVICE. THE IMAILBOX SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE PERFORMANCE OF, OR ARISING OUT OF THE USE OF THE IMAILBOX SERVICE IS BORNE BY CUSTOMER. IMAILBOX MAKES NO WARRANTY REGARDING ANY GOODS, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH THE USE OF THE IMAILBOX SERVICE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO CUSTOMER AND CUSTOMER MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL IMAILBOX OR ITS LICENSORS OR RESELLERS BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE IMAILBOX SERVICE, THE PERFORMANCE OF IMAILBOX SERVICE, OR DAMAGES FOR LOSS OF GOODWILL, BUSINESS PROFIT, BUSINESS STOPPAGE, LOSS OF DATA OR BUSINESS INFORMATION, COMPUTER DAMAGE, OR DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR CHANGES MADE TO CUSTOMER'S TRANSMISSIONS OR DATA, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL IMAILBOX BE LIABLE FOR ANY DAMAGES IN EXCESS OF WHAT IMAILBOX RECEIVED FROM CUSTOMER FOR THE IMAILBOX SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO CUSTOMER.

INFRINGEMENT.
Customer represents that the user id(s) and/or domain(s) selected by the Customer, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and is not being selected for any unlawful purpose. Customer acknowledges and agrees that if such selection does interfere with the rights of any third party or is being selected for any unlawful purpose iMailBox may immediately suspend the use of such iMailBox email address/domain, and Customer will indemnify and hold iMailBox harmless, in accordance with the Indemnification section below, for any claim or demand against iMailBox that arises out of such selection. Customer acknowledges and agrees that iMailBox shall not be liable to Customer in the event iMailBox is ordered or required, as a result of a court order or legal settlement, to desist from using or permitting the use of a particular domain name as part of an iMailBox email address. If as a result of such action, Customer loses an email address, the Customer's sole remedy shall be the receipt of a replacement iMailBox email address.

MODIFICATION.
iMailBox reserves the right to modify the iMailBox Service or change the terms and conditions of the Agreement. iMailBox will provide notice of any changes to the iMailBox Service or to the Agreement by email. Customer not wishing to be bound by the modified Agreement may terminate the iMailBox services pursuant to the Termination section below. Continued use of the iMailBox Service after such notice has been posted shall be deemed an acceptance by the Customer to be bound by the terms of the modified Agreement.

INDEMNIFICATION.
Customer agrees to indemnify and hold iMailBox, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Customer's use of the iMailBox Service, the violation of the Agreement by Customer, or the infringement by Customer, or other user of the iMailBox service using Customer's computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any Customer communications.

TERMINATION.
iMailBox retains the right to close Customer's account and terminate Customer's services at any time, for any reason. Services may be terminated by either iMailBox or Customer at any time, without notice to the other party. Upon termination Customer's right to use the iMailBox service immediately ceases, and iMailBox is not obligated to forward any unread or unsent messages to Customer or any third party. iMailBox shall not be liable to Customer or any third party for termination of the iMailBox Service.

SUSPENSION.
If Customer does not renew an iMailBox account by the due date, as can be found on the website in Customer's "Billing Options," iMailBox will suspend access to Customer's mailbox, and the mailbox will not be available to send or receive email.

Customer's mailbox will be held in a suspended state for a maximum of 21 days, during which time Customer may return to the website to renew the account. During the 21 day suspension period, Customer's email address will be reserved. If Customer does not renew within 21 days, the account will be permanently closed, making the email address available to another Customer.

Upon renewal, the calculation of the expiration date will be according to the original date the account expired.

SEVERABILITY.
If any provision hereof shall at any time be held to be void, invalid or unenforceable, such provision shall be construed as severable and shall not in any way affect or render void, invalid or unenforceable any other provision of this Agreement, and this Agreement shall be carried out as if such void, invalid or unenforceable provision were not part of this Agreement.

ACTION LIMIT.
Customer and iMailBox agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

NO WAIVER.
No waiver on the part of iMailBox to exercise, and no delay in exercising, any right, power or provision hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or provision hereunder preclude the exercise of that or any other right, power or provision.

HEADINGS.
The headings in this Agreement are for convenience only and shall not affect the meaning or interpretation of this Agreement or any provision thereof.

ENTIRE AGREEMENT.
This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether oral or written, relating to the subject matter hereof.

GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas applicable to agreements executed and performed wholly within the State of Texas.

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