10. TERMINATION

(a) User agrees that Company, Client, or their third party service providers may terminate User's password, account, or use of the Services if Company, Client, or their third party service providers believe: (i) that User has violated or acted inconsistently with the letter or spirit of this Agreement; or (ii) that User has violated the rights of Company, Client, or their third party service providers or other Users or parties. User further agrees that Company, Client, and their third party service providers may terminate User's password, account, or use of the Services if User a.) fails to use the Services at least one time within ten days after initial registration (the "Initial Period"); or b.) fails to use the Services at least one time during any consecutive 30-day period following the Initial Period. (b) User agrees Company and Client may immediately delete User's account and all related information, communications, and files, and may bar any further access to such account, communications, files, or the Services under any provision of this Agreement. User also acknowledges and agrees that termination of any of the Services may be effected without prior notice. 11. LINKS The Services may provide, or users may include in email or community postings, links to other Web sites or resources. However, User agrees not to include in email or community postings (or elsewhere via the Services) any "deep link" which leads to a web page, other than the home page, of another party's web site unless such a link is authorized by the owner of that web site. User acknowledges and agrees that Company, Client, and their third party service providers are not responsible for the availability of such external sites or resources, or for User's use of deep links, and that Company, Client, and their third party service providers do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. 12. COMPANY'S PROPRIETARY RIGHTS User acknowledges and agrees that content, including, but not limited to, text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to User through the Services or third party advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. User acknowledges and agrees that User is permitted to use this material and information only as expressly authorized by Company, Client, or advertisers, as applicable, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without such express authorization. 13. DISCLAIMER OF WARRANTIES (a) USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT USER'S SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. (b) COMPANY, CLIENT, AND THEIR THIRD PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM 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. (c) COMPANY, CLIENT, AND THEIR THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT THE SERVICES WILL MEET USER'S REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES COMPANY, CLIENT, OR ITS THIRD PARTY SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. (d) USER UNDERSTANDS AND AGREES THAT ANY INFORMATION, CONTENT, DATA, OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR FROM THE SERVICES IS OBTAINED AT USER'S OWN DISCRETION AND RISK, AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. (e) COMPANY, CLIENT AND THEIR THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. (f) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM COMPANY, CLIENT, OR THEIR THIRD PARTY SERVICE PROVIDERS, OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. (g) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO SOME USERS. 14. LIMITATION OF LIABILITY (a) USER AGREES THAT COMPANY, CLIENT AND THEIR THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR FROM MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF COMPANY, CLIENT, OR THEIR THIRD PARTY SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) USER FURTHER AGREES THAT COMPANY, CLIENT, AND THEIR THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION, OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. (c) User acknowledges that Pursuant to Section 512 of the Digital Millennium Copyright Act, Company has a policy providing for termination of Services to account holders who are repeat offenders. However, USER ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF COMPLIANCE OR REASONABLE ATTEMPTS TO: (i) COMPLY WITH UNITED STATES COPYRIGHT ACT; OR (ii) SATISFY REQUIREMENTS TO QUALIFY FOR THE SAFE HARBORS DESIGNATED IN SECTION 512 OF THE DIGITAL MILLENNIUM COPYRIGHT ACT. (d) IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY AND ALL MATTERS RELATING TO THIS AGREEMENT FOR ANY AGGREGATE AMOUNT IN EXCESS OF $50. (e) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO SOME USERS. (f) If you have chosen the virus scanner, please be advised that this virus scanner may not be able to detect or repair all viruses and variants, as new viruses and variants frequently appear. Please be aware that there is a risk involved whenever downloading email attachments to your computer or sending email attachments to others and that, as provided in the Terms of Service, neither Their nor its licensors are responsible for any damages caused by your decision to do so. (g) If you have chosen to use our SpamShield Pro, please be advised that this product and product of its type are not 100% effective and from time to time our product may misclassify spam as legitimate mail and legitimate mail as "spam". Users are advised to periodically check their "spam" folder for email that may have been mislabeled, as provided in the Terms of Service neither Their nor its licensors are responsible for any damages caused by your decision to use SpamShield Pro. (h) Their may place limits on mail a user can send in a given period of time in order to protect the health of the company's network. Free (Sponsored Mail) users may be limited to no more than 100 emails a day, while users of the company's paid service will be limited to no more that 500 emails a day per user excluding emails sent inter-domain. Business Mail and Outsource Mail customer may contact their representatives for exemptions to this clause. Each message can be sent to a maximum of 50 e-mail addresses at once. These addresses can be distributed among the To, Cc, and Bcc lines, or they can all be on one line. 15. AMENDMENT Company may modify this Agreement at any time, and such modifications shall be effective immediately upon posting or other method of notification to User, which notice may be provided on the Web pages through which User accesses or uses the Services. User's continued access or use of the Services shall be deemed to be User's conclusive acceptance of the modified Agreement. 16. GENERAL Company's and Client's third party service providers are intended beneficiaries of this Agreement. Company shall not be liable to User for any breach by Client of this Agreement or the Privacy Policy. This Agreement and the relationship between User and Company and Client shall be governed by the laws of the State of California without regard to its conflict of law provisions. User, Company, and Client agree to submit to the personal and exclusive jurisdiction of the courts located within the state of California. The failure of Company, Client, and their third stupsertod, stup378site stupgr19