These Terms and Conditions of Use, and the accompanying account registration form, constitute the full and complete agreement ("Agreement") between EMUmail, Inc., a Massachusetts corporation ("EMUmail") and the entity or individual ("User") who acquires for use any EMUmail webmail products or services (the "Service").

USER SHOULD READ THIS DOCUMENT CAREFULLY. BY COMPLETING THE ACCOUNT REGISTRATION FORM AND ACCEPTING THIS AGREEMENT, OR BY USING THE SERVICE, USER AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS. IF USER DOES NOT WISH TO BE BOUND BY THESE TERMS, USER SHOULD CEASE USING THE SERVICE AND IMMEDIATELY TERMINATE ITS USER ACCOUNT.

1. REGISTRATION

User certifies to EMUmail that, if an individual, he/she is at least 18 years of age. A minor's parent or legal guardian may authorize a minor's use of User's account under adult supervision and with assumption of all liabilities resulting from minor's use.

2. AMENDMENTS AND ASSIGNMENTS

EMUmail reserves the right to modify this Agreement, including changing or adding any fees or surcharges, at any time. Any modification is effective upon five days notice to User either by a posting on the EMUmail web site (www.emumail.com) or by an electronic mail message. If any modification to the Agreement is unacceptable to the User, the User is entitled to immediately terminate this Agreement and its use of the Service, as provided in Section 5 below. USER'S CONTINUED USE OF THE SERVICE FOLLOWING MODIFICATION TO THE AGREEMENT SHALL BE CONCLUSIVELY DEEMED ITS ACCEPTANCE OF THE MODIFICATION.

The User may not assign, transfer, loan, rent, lease, license or sublicense User's subscription to, and/or right to use, the Service.

3. ACCEPTABLE USE

User may utilize the Service for legitimate personal and business purposes, but shall not use the Service to conduct any business or activity, or solicit the performance of any activity, which is prohibited by or would violate any applicable law or legal obligation, or for purposes that may create civil or criminal liability, including but not limited to: (a) uses which are defamatory, deceptive, obscene, or otherwise inappropriate; (b) uses that violate or infringe upon the rights of any other person, such as unauthorized distribution of copyrighted material; (c) "spamming," sending unsolicited bulk e-mail messages, sending unsolicited advertising or similar conduct; (d) threats to or harassment of another; (e) knowingly sending any virus, worm, cancelbot, or other harmful component; and (f) violating U.S. export regulations by mailing abroad restricted data or software. If User violates these rules or EMUmail learns of other unlawful or harmful use of the Service by User, EMUmail may terminate User's account and take other action it deems appropriate, including notifying the authorities and suing for damages.

User agrees to comply with all U.S. export control laws and their implementing regulations.

User agrees to avoid using the Service knowingly (i) in a manner which significantly and adversely affects the performance or availability to others of the EMUmail services, or (ii) in a manner that interferes in any way with EMUmail’s computers or network security, or (iii) to attempt to gain unauthorized access to any unrelated person’s computer system.

User shall immediately notify EMUmail of any security breach in, or unauthorized use of, User's account.

4. PRIVACY NOTICE

Pursuant to the Electronics and Communications Privacy Act of 1986, notice is hereby given that there are no facilities provided by EMUmail for sending or receiving private or confidential messages. User agrees that EMUmail’s operators and their assigns may read all messages left by User whether or not they are the intended recipients. EMUmail is not obligated to do this, and normally will not do this, unless it becomes aware of a possible violation of this Agreement. EMUmail also reserves the right to terminate or suspend User's account if it is the unwitting recipient of "mailbombs" or other harmful devices that could cause problems for the entire EMUmail system.

5. FILE PROTECTION

User is responsible for creating and retaining copies of all files, data and other materials as may be necessary for reconstruction of any files, information material or messages lost or mis-processed by EMUmail.

6. TERMINATION

The Services may be terminated, effective immediately, by either EMUmail or User at any time upon five days notice (written, e-mail or fax) to the other party. Upon termination User's right to use the Service immediately ceases, and EMUmail is not obligated to forward any unread or unsent messages to User or any third party. EMUmail shall not be liable to User or any third party for termination of the Service, even if it has been advised of the potential harm.

EMUmail may terminate or suspend User's access to all or part of the Service, without notice, for any conduct that EMUmail in its sole discretion believes violates the above provisions on Acceptable Use, interferes with another User's enjoyment of a Service, or is harmful to another User, third-party service providers, or EMUmail.

User's only right, with respect to any dissatisfaction with any (i) term, policy, guideline, action or practice of EMUmail, (ii) content available through the Service or change therein, or (iii) imposition of fees for use of the Service, is to terminate User's use of the Service by delivering notice of termination to EMUmail.

User agrees that a subscription to the Service is not a right but a privilege and that a subscription is a contractual relationship only.

7. COPYRIGHT

Any software that EMUmail or its provides provides to its Users is protected by U.S. and international copyright.

8. INDEMNIFICATION BY USER

USER AGREES TO INDEMNIFY AND HOLD EMUMAIL AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND THIRD-PARTY PROVIDERS HARMLESS AGAINST ANY CLAIMS, LIABILITY, DAMAGES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES) ARISING FROM THE USER'S USE OF THE SERVICE OR A VIOLATION OF THIS AGREEMENT. IN PARTICULAR, THE USER ACKNOWLEDGES THAT IT HAS FULL RESPONSIBILITY FOR THE CONTENT OF EACH MESSAGE SENT USING ITS ACCOUNT.

9. LIMITED WARRANTY

USER AGREES THAT USE OF THE SERVICE IS AT ITS SOLE RISK. NEITHER EMUMAIL NOR ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY PROVIDERS OR OTHERS, WARRANT THAT THE USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE.

THE SERVICE IS PROVIDED ON AN "AS IS," "AS AVAILABLE", BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY EMUMAIL, ITS EMPLOYEES, AGENTS, REPRESENTATIVES, THIRD-PARTY PROVIDERS OR THE LIKE, SHALL CREATE A WARRANTY.

10. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL EMUMAIL OR ANYONE ELSE INVOLVED IN THE SERVICE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICE OR THAT RESULT FROM DEFECTS, MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS IN OPERATION OR TRANSMISSION, VIRUSES, DELETION OF FILES OR E-MAIL, OR FOR ANY LOSS OF PRIVACY OR CONFIDENTIALITY OF PRIVATE MESSAGES, HOWSOEVER CAUSED.

FURTHER, IN NO EVENT SHALL THE TOTAL LIABILITY OF EMUMAIL, OR ITS EMPLOYEES, AFFILIATES, AGENTS OR THIRD-PARTY PROVIDERS, FOR ANY DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EITHER JOINTLY OR SEVERALLY, EXCEED THE AGGREGATE AMOUNT OF ANY FEES PAID BY THE USER FOR THE SERVICE. The foregoing provisions are for the benefit of EMUmail, its employees, directors, affiliates, agents and third-party providers, and each shall have the right to assert and enforce the provisions directly on its own behalf.

11. MEDIATION/ARBITRATION

Any dispute or controversy between the parties relating to this Agreement shall be settled by binding arbitration in Boston or Cambridge, Massachusetts, pursuant to the governing rules of the American Arbitration Association. Judgment upon the award may be entered in any court of competent jurisdiction.

12. GENERAL

This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, excepting its conflicts of law rules. Each party irrevocably consents to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts and the federal courts situated in Massachusetts in connection with any action arising under this Agreement or relating to the Service. ANY CAUSE OF ACTION OF THE USER WITH RESPECT TO THE SERVICE MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CLAIM OR CAUSE OF ACTION AROSE, OR BE BARRED.

This is the entire agreement between the User and EMUmail and supersedes all prior correspondence or understandings between the parties regarding the terms hereof.

In the event that any portion of the Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the Agreement shall remain in full force and effect.

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement.